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Thoughts on originalism
Posted by David Hardy · 9 March 2014 03:32 PM
Will Baude posts his thoughts on the subject at the Volokh Conspiracy. The debate in the comments is fully as interesting as the post. E.g., if we were not meant to be bound by the social contract embodied in the original Constitution, as the Framing generation saw it, why were the requirements for amending it made so strict, requiring not just majority agreement to the changes, but very nearly a consensus? (2/3 of both Houses + 3/4 of the States).
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