Rick, even you might be surprised! https://ssrn.com/abstract=3175412 …https://twitter.com/rickhasen/status/1022259737641897984 …
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Rick, obviously we deeply disagree about these issues. I have great respect for you as a scholar, but in my opinion, your book makes many fundamental errors and makes the mistake of looking backwards at Scalia, rather than forward at the potential of originalism.
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Sorry to hear you have those views Larry. I think the best way of knowing the future of originalism is to look at how it has been put in practice by those who purport to use it. And that means the record we have now is Scalia (and Thomas).It is far from principled or determinate.
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I don't doubt that you can construct originalist rules that would be more principled than what Scalia and Thomas have done. But I do doubt that any Justice would follow such rules. I also don't believe that following such rules is mandated by the Constitution, or desirable.
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Communism, er Originalism, cannot fail. It can only be failed.
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False in both cases. For originalism to succeed, several preconditions must be satisfied, including building out the intellectual infrastructure, creating a rigorous methodology, gaining political support, and much else.
End of conversation
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