Originalism 101 (with Dahlia Lithwick)
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Evolution and Criticisms of Originalism in Constitutional Interpretation
The chapter delves into the history and criticisms of originalism in constitutional interpretation, clarifying its relatively recent prominence in the 1980s and 90s despite claims of longstanding tradition. The discussion explores how originalism has evolved from focusing on original intent to public meaning and adapting to history and tradition. It critiques the limitations of originalism in modern society, particularly regarding issues like domestic violence and women's rights, and emphasizes the importance of predictability and adherence to precedent in legal interpretation.
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