Quote of the Day

. . . I think non-originalists sometimes expect originalism to have some sort of catechism that lays out “the originalist position” on a bunch of these issues.  But originalism is an interpretive method, not a party platform, and on many of these issues there is no such consensus.

One strength of originalism is that it could potentially provide answers, if the original meaning of the Constitution turns out to actually speak to these questions.  But it’s also possible that these are not questions that the Constitution decides for us, in which case originalism leaves us to our own devices.

Will Baude. More people should appreciate these observations about originalism, of course, and originalism is strengthened by the presence of the characteristics Will attributes to it.

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