In Dicta

Thursday, June 30, 2005

Debating Originalism and History

"One commonly claimed virtue of originalism is that anchoring constitutional meaning in original understandings/meanings is more objective than turning to philosophy. But as any good historian knows, debates over objectivity in history are just as intense as debates over objectivity in philosophy..."

Read more here. While I don't necessarily agree with everything in the post, it makes for compelling reading and well-reasoned arguments are set forth.