Just the Facts Originalism: No Surprise Here

By Eric Segall Professor Larry Solum just posted an article on SSRN titled “Surprising Originalism.” On Twitter, Solum invited comments. Here are mine.           In this piece, which was the basis of a lecture at the University of Akron, Solum repeats much of what he has said before about originalism and claims that much of the essay might surprise those not closely following recent scholarly debates over originalism. The only big surprise in this piece is that Solum's brand of originalism is indistinguishable in substance from living constitutionalism.Solum claims that originalism is based on the following two ideas: “(1) the meaning of the constitutional text was fixed at the time each provision was framed and ratified, and (2) courts and officials should be bound by that fixed meaning.” Solum also details the now well-recognized move by originalists from original intentions to original public meaning, and claims…

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