Dada is the sun, Dada is the egg. Dada is the Police of the Police.

7/06/2005

Original intent

In the wake of O'Connor's retirement announcement, much of the commentary regarding the Court has uncritically accepted the 'original intent' of the Constitution's framers as its basis. This comes, of course, mostly from the Right, and 'original intent' is being invoked not only with regard to who would make a proper nominee but also with regard to the Senate nomination process itself.

So this is a good time to remember that there's no reason to accept originalism. Brian Leiter has a nice explanation of its lack of theoretical justification.

UPDATE: A more elaborate critique of originalism can be found here (PDF). Caveat: I haven't read most of the article (it's 125 pages long), so I can't endorse it; it's just something I ran across.

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