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 ...

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 ...

The year 2024 was notable for many things, including Donald Trump’s re-election. Last year’s most significant legal event was ...

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 ...

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 ...