Originalism: Standard and Procedure
Harvard Law Review (IF9.033), Pub Date : 2022-01-10, DOI:
Stephen E. Sachs
Originalism is often promoted as a better way of getting constitutional answers. That claim leads to disappointment when the answers prove hard to find. To borrow a distinction from philosophy, originalism is better understood as a standard, not a decision…
Harvard Law Review (IF9.033), Pub Date : 2022-01-10, DOI:
Stephen E. Sachs
Originalism is often promoted as a better way of getting constitutional answers. That claim leads to disappointment when the answers prove hard to find. To borrow a distinction from philosophy, originalism is better understood as a standard, not a decision…
