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Against Constitutional Originalism: A Historical Critique
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Constitutional originalism stakes law to history. The theory's core tenet-that the United States Constitution should be interpreted according to its original meaning-has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. And now that a majority of justices on the United States Supreme Court champion originalism, the task of scrutinizing originalists' use and abuse of history has...