Edward A. Fallone: The Original Intent of the Recall Power.
This essay is especially interesting in that it addresses the recall provisions of the Wisconsin constitution. That setting in turn raises a question for originalists — one once posed to me (but not answered) by Professor Sai Prakash: Is originalism a theory of interpretation of (a) all texts; (b) legal texts; (c) constitutions; or (d) the U.S. Constitution? It would appear that there might be different answers depending on one's theory of originalism.
Correspondingly, the same question could be asked about nonoriginalism.
Posted at 7:00 AM