
Butterfly Knives and Felon Voting Rights
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The Difference Between Text and Original Public Meaning
David Wheeler: I think it's an interesting question because if you're just reading the words on the page, there's a degree of clarity that is different than the clarity you would get from an original public meaning analysis. He says we've ended up with something like the I know it when I see it porn analysis.Wheeler: And yet here I find myself finding the textualist adjective cruel, so foundationalist and like a little balloon floating around the airthat I'm then drawn to the original public meaning. The difference between text where cruel and unusual would mean whatever we currently find cruel and unusual versus original public meaning would be what did they find cruel andusual? he asks.
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