4min chapter

Free Thoughts cover image

How the 14th Amendment Changed America (with Randy Barnett and Evan Bernick)

Free Thoughts

CHAPTER

Originalists Overestimate the Determinacy of the Text

The ability to interpret the constitution via construction and within its spirit was part of the point of when they said people would be interpreting this in the future. The argument about under-determinacy and why that makes necessary what we call constitutional construction has also been around now for a very long time. So, originalists are over-emphasizing, sometimes non-originalists under-emphasize, and we try to find our way into a happy medium.

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