Calvin J. TerBeek (University of Chicago, Ph.D. Candidate – Political Science) has posted Originalism's Obituary (Utah Law Review, 2015) on SSRN. Here is the abstract:
This short essay argues that originalism is in a Kuhnian ("The Structure of Scientific Revolutions") crisis due to the theory's epistemic closure, ideological nature, and immodesty. After detailing the evidence for each of the three issues, the paper contends that originalism will eventually, and perhaps soon, be relegated to the dustbin along with other discarded normative theories of constitutional interpretation.
Posted at 6:17 AM