April 07, 2014

At Liberty Law blog, John McGinnis: Thickening Originalism.  From the introduction:

The most important recent development in originalism has been the recognition that the Constitution was not created ex nihilo but against a pervasive legal background. As result, its interpretative context is profoundly infused by law. This recognition has led to at least four different ways in which originalism has been thickened.

Posted at 9:02 AM