Abstract

Despite its relatively small number of advocates, the theory of constitutional interpretation known as “Originalism” continues to enjoy an out-sized influence in the United States. Originalists themselves like to say that “we are all Originalists now,” and claim that their theory has become the obvious, unstated position of all responsible lawyers, judges, and politicians. Indeed, they say, how could anyone deny the truth of Originalism, if all it means is that we as judges, lawyers, and citizens are bound to follow the text of the Constitution as the supreme law of the land, rather than just make up the law to suit our present preferences? Nor are there, its advocates say, any substantial competing theories of ..