Last year’s most significant legal event was the end of originalism as the Supreme Court’s dominant approach to ...

while the term originalism arose in the constitutional context to counter living-constitutionalism (and other non-interpretive methods of inventing constitutional meaning). As Barrett explained ...

Originalism is the view that the meaning of a constitutional provision is fixed when it is adopted and can be changed only by constitutional amendment. Many of the separate opinions in the case ...

Nevertheless, the values underlying originalism do mean that the quest, as best as we can accomplish it, is a moral imperative. How does one go about ascertaining the original meaning of the ...

Justice Antonin Scalia, who embraced originalism, was unpersuaded ... not the excavation of the provision’s original meaning. In striking down the law on violent video games, for instance ...

But let me pick out a few: 1. Chemerinsky contends that originalism “would mean that Brown v. Board of Education was wrongly decided.” He doesn’t inform his trusting readers that prominent ...