Originalism and Interpretive Conventions

Originalism and the Colorblind Constitution

The Functions of Ethical Originalism

The Inclusiveness of the New Originalism

Boundaries , Conventions , and Realism

If you have been driving in Europe recently, you must have had that strange feeling. You see a sign that says 'Deutschland', or 'France', or 'España', and just drive through. No customs barrier, no passport control—just a sign. You say 'Ah!' and carry on; the sign could be a hundred yards further out and it would make no difference. Yet by crossing that line you enter a different world-district...

Constitutional Interpretation and History: New Originalism or Eclecticism?

The goal of originalism has always been purity. Originalists claim that their methods cleanse constitutional interpretation of politics, discretion, and indeterminacy. The key to attaining purity is history. Originalist methods supposedly discern in history a fixed constitutional meaning. Many originalists now claim that the most advanced method-the approach that reveals the purest constitution...