Friday, September 28, 2012
Marc DeGirolami rightly wonders who *still* defends orginal intent originalism. I do, including in this recent paper. As I see it, all of the alteratives amount to giving the lawmaker less than his due. Messages in bottles are, at best, information; they are not laws. Law is in the mind of the lawmaker (and promulgated), not black marks on a scrap in a bottle.