Unfair laws / Why judges should be originalists (William Baude)
Rationally Speaking Podcast
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What Is the Biggest Alternative to Originalism?
The right framework is just whatever the original law was, he says. A court today should say the meaning is the same thing as a court would have said when it was enacted. The biggest alternative is living constitutionalism, which means that somebody gets to change the meaning on the basis of something that's happened later.
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