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Religion & Law
: Constitutionally CorrectOriginalism: Lessons from Things That Go Without Saying
By Alliance Alert
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Originalists are sometimes divided into textualists and intentionalists, with the former insisting that subjective states of mind cannot be allowed to override the Constitution's words. But words do not define themselves, singly, or in phrases, or in documents, so even self-styled textualists necessarily face an abundance of choices.Full post as published by Constitutionally Correct on November 03, 2008 (boomark / email).
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Balkin on Framework Originalism and Skyscraper Originalism
Greene on the Market for Originalism
Colby on Originalism & the Federal Marriage Amendment
Jack Balkin, Soul-Killer: Or why "theoretical sophistication" is bad for the orginalists
Heller and Originalism, Part III: The Interpretation-Construction Distinction
Colby & Smith on Originalism (and a comment about the meaning of originalism)







