Scalia’s philosophy of Constitutional interpretation—variously called originalism, original meaning, or original public meaning—is often confused with original intention. While the first crew of originalists in the 1970s did claim that the Court should interpret the Constitution according to the intentions of the Framers, later originalists like Scalia wisely recast that argument in response to criticisms it received. The intentions of a single author are often unknowable, and in the case of many authors, practically indeterminate. And whose intentions should count: those of the 55 men who
...more
