Tone Deaf to the Past: More Qualms About Public Meaning Originalism

@inproceedings{Rakove2015ToneDT,
  title={Tone Deaf to the Past: More Qualms About Public Meaning Originalism},
  author={Jack N. Rakove},
  year={2015}
}
With some apologies for a vast degree of oversimplification, let us stipulate that there are two main forms of originalism. One is known as “semantic” or “public meaning” originalism. Its leading advocates include Lawrence Solum, Keith Whittington, and Randy Barnett (professional friends, all). The leading premise of semantic originalism is that the meaning of the constitutional text—or, more specifically, of its individual clauses—was fixed at the moment of its adoption. Under this view, the… CONTINUE READING

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