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Essay / Compare and contrast the originalist theory of...
To extend its use of originalism, it is easy to see that landmark Supreme Court cases such as Brown v. Topeka School Board, were misjudged, because the same historic Congress that approved the Fourteenth Amendment is the same Congress that enacted laws to separate the public schools of the District of Columbia. According to Justice Scalia's originalism, as evidenced by his dissent in United States v. Virginia, the Constitution provides no protection to women under the Equal Protection Clause (United States v. Virginia, 567). This seems very difficult to understand: any interpretation of the Constitution that claims that this is a case on the scale of Brown v. Topeka School Board, or that women do not have the right to equal protection, is correct. One can only understand Justice Scalia's response to this criticism as being similar to any criticism of his originalism: “[a]lways it is my view. And it turns out that's right" (quoted in Murphy,