On Originalism and Indeterminacy
At Legal History Blog, David Schwartz (Wisconsin): Originalism and the Limits of Semantic Meaning. From the introduction: The prevailing version of originalism—known as “original public meaning” (OPM) originalism—purports to be an historical semantic inquiry. The...
Real originalism (not the cartoon version some love to attack) explained
The New Yorker recently published an article by a law professor and CNN commentator that purported to critique originalism—the view that the Constitution means what the ratifiers understood it to mean. But like many attacks against originalism, it assailed a cartoon...
Applying the Fourth Amendment’s Original Meaning to Cell Phones and Heat Sensors
How should the Fourth Amendment’s original meaning be applied to modern technology that was not in existence at the time of the Amendment’s enactment? Many commentators believe this type of question problematic to answer. As Justice Alito quipped some years ago at...