Less nebulous than you'd thinkI'm playing catchup. I started writing four essays during August, set them aside for a couple of weeks for a chance to revisit them fresh, and then got too busy to do much with them.
The first of them is "Less nebulous than you'd think", a rejoinder to some accusations made about originalism by a poster over at Prawfsblawg. It rejects several theories: (1) that originalism is judicial activism, (2) that originalism is merely a veil for conservative rulings, the "excelsior ratchet" (the theory that the living constitution theory can only work in one direction, to make us ever more free, to protect ever more rights), (3) that the bill of rights as originally written has no relevance today, and (4) that all rights must be written into the constitution to have any meaning. This latter point is a very brief treatment, and is the subject of one of the other essays, which I hope to finish by early next month.Comments
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