“Originalism has been the reigning constitutional theory of legal conservatives since the election of Ronald Reagan,” a contributor to the National Review wrote recently, with glowing approval. The theory, which views jurisprudence as frozen in time, flatly rejects the idea of the Constitution as a a living and evolving document and instead demands that we interpret its provisions exactly as the framers intended.
The Supreme Court’s Faux ‘Originalism’
Published
1848+: The End(s) of History 