Judges generally begin their interpretive task by looking for the ordinary meaning of the
language of the law. And they often end there-out of respect for the notice function of the law …

The great debate between originalism and living constitutionalism ought to focus on the
merits, including normative arguments for and against various forms of each theory …

Interpretation differs from construction in that the former" is the act of finding out the true
sense of any form of words; that is, the sense which their author intended to convey; and of …

Originalism is often promoted as a better way of getting constitutional answers. That claim
leads to disappointment when the answers prove hard to find. To borrow a distinction from …

Originalism is usually called a theory of interpretation, a particular way to read a text. Best
understood, though, originalism is much more than that. It's a theory of our law: a particular …

Originalism as an approach to constitutional interpretation and a guide to the exercise of
judicial review enjoyed its greatest prominence in the 1980s. The Reagan Administration …

One of the leading approaches, championed by Justices Scalia and Thomas on the
Supreme Court and by Judge Easterbrook on the Seventh Circuit, goes by the name of" …

In his 1989 essay, The Originalism Debate: A Guide for the Perplexed, 1 Daniel Farber
provided students of constitutional theory a valuable service. Because the literature about …

In this Article, we defend an interpretive approach that we call" original methods originalism."
Under this approach, the Constitution should be interpreted using the interpretive methods …

One of the most enduring criticisms of originalism since its modern emergence in the 1970s
is that it lacks a sufficiently compelling moral justification. This criticism often takes the form …