Many of those who reject originalism have a different argument, and it’s more fundamental. They contend that their objection isn’t really about what members of the founding generations meant to do. They don’t rely on Kennedy’s claim about the judgments and understandings of long-dead people. They don’t believe in time machines. They insist that the basic question is how to interpret the Constitution, and we can’t resolve that question by asking about history. That is inescapably a question for us.
