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08/11/2011

Originalism in the Blogs: Non-Originalist Textualism
Michael Ramsey

Tom W. Bell, at Agoraphilia:  Original Meaning v. Consent of the Governed.

Professor Bell is a leading proponent of what I would call “non-originalist textualism” (that is, as he puts it in this post, adhering to the “plain, present, public meaning of [the] constitutional terms” rather than their original meaning).  This post is a great introduction to his position.

Bell offers additional thoughts in a related post, The Constitutional Meaning of “Property” and the Rule of Law (partially responding to this post by Eugene Volokh).