botnet's Global Warming™ Blog

March 24, 2012

Original Meaning or Underlying Principles

Here is your required reading for the week. Don't worry, it's only twenty pages.

Here's a taste:

Does this defense of a fearless originalism by which the whole
Constitution is enforced including the original meaning of abstract
clauses like the Ninth Amendment lead to the sort of horrible results
that, in part, leads Justice Scalia to be faint of heart? I think not. In my
view, the original meaning of the entire Constitution, as amended, is far
more felicitous than he apparently believes it to be. But this is partly
because I do not think the original meaning of the more general clauses
is as limited he does. In other words, an appropriate use of original
meaning originalism leads to far fewer objectionable results than he
thinks it will.

Please read the whole thing.

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