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The Reason Interview With Nick Gillespie cover image

Randy Barnett: Originalism, Obamacare, and the Libertarian Movement

The Reason Interview With Nick Gillespie

NOTE

Respect the Constitution's Fixed Meaning

The analysis of originalism reveals two essential principles: First, the meaning of the Constitution is determined at the time of its enactment, akin to how contracts establish fixed terms. This descriptive claim underscores the nature of language and meaning. Second, there exists a normative principle that mandates constitutional actors remain bound by the text's fixed meaning. Understanding these principles leads to the realization that there are various non-mutually exclusive reasons for this obligation, notably the oath taken by officials to uphold the Constitution, which reinforces the importance of adhering to its established meanings.

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