When Can an Originalist Scholar Begin with the Constitution’s Text?
This article first appeared in The Originalism Blog on March 1, 2021. It is somewhat technical, and I recommend it only for constitutional wonks. I. The question I recently wrote a post for the Federalist Society Blog, in which I examined the Constitution’s...
Underselling Originalism
Constitutional originalists frequently understate the case for constitutional originalism. Professor John McGinnis is a prominent and persuasive exponent of originalism. However, in his posting, The Empire Strikes Back Against Originalism, which Michael...
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...