Revisiting Originalism and Liberty

This chapter critically examines the doctrine of originalism, highlighting its shortcomings in addressing the historical complexities surrounding the Constitution. It contrasts 18th-century views of liberty as non-domination with contemporary interpretations, revealing implications for constitutional rights, particularly regarding the Second Amendment. The discussion extends to the accountability of presidential power and the evolving understanding of originalism as a living legal framework that intertwines historical context with modern legal challenges.