As law professor Lawrence Solum has explained (and as I have attempted to show in this essay), “The core of originalism is based on common sense about the meaning of the constitutional text and ...
Wade). Despite the moderation of many of its practitioners, originalism can be a radical philosophy. Insisting on the original meaning of the written Constitution can profoundly unsettle 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 ...
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 ...
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 ...