10/27/20

"Exceptionalism" + "Originalism" = Delusion Maximus

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How To Fix The Supreme Court - Perspectives On Reform - NYT. .
"But this is at best a criticism of originalists, not of originalism. As a philosophical matter, originalism emerges naturally from clear motivations regarding the nature and legitimacy of law itself, and easily survives clever hand-waving about meanings and how they change over time. It may be the wrong theory, but it is a perfectly sensible and serious one." The Chronicle of Higher Education .