What is originalism? Debunking the myths

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Originalism has featured prominently in each of the last three Supreme Court confirmation battles – those of Neil Gorsuch in 2017, Brett Kavanaugh in 2018 and now Amy Coney Barrett. Each time, misconceptions about this theory of constitutional interpretation have swirled: Isn’t originalism self-defeating because the Founders weren’t originalist? Don’t originalists ignore the amendments written after 1789? Do originalists think the Constitution applies only to horse-drawn carriages and...


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