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03/23/2017

Lawrence Solum (and Cosmopolitan!) on Originalism
Michael Ramsey

Lawrence B. Solum (Georgetown University Law Center) has posted Statement of Lawrence B. Solum re Nomination of Nomination of the Honorable Neil M. Gorsuch To Be an Associate Justice of the Supreme Court of the United States on SSRN. Here is the abstract:

This statement [to the Senate Judiciary Committee] addresses the nature of originalism. Originalism consists of three core ideas: (1) the original meaning of the constitutional text is its public meaning; (2) the original meaning of the text is fixed at the time the text was framed and ratified; and, (3) judges should be bound by the original meaning of the text. Much of the public discussion of originalism has focused on myths: originalism does not attempt to answer the question, "What would Madison do?," and many other charges against originalism are mythical as well. Originalism is in the mainstream of American jurisprudence historically, and originalism should be acceptable to Americans from a broad range of political orientations. The two core arguments for originalism focus on the rule of law and legitimacy.

Also a less-positive take on originalism in Cosmopolitan: 9 Reasons Constitutional Originalism Is Bullsh*t. I did not think I would see in my lifetime an analysis of originalism in Cosmopolitan.

And a response at The Federalist: Cosmopolitan Doesn’t Understand How The Constitution Works.

(Via Stephen Green at Instapundit).