IS SCALIA AN ORIGINALIST? That’s the topic of Randy Barnett’s Taft Lecture. Larry Solum has more, including links to the text and to video of the lecture. He also observes: “This is a particularly significant occasion, because Barnett’s paper critiques Justice Antonin Scalia’s own Taft lecture–Originalism: The Lesser Evil (also available at 57 U. Cin. L. Rev. 849 (1989)). Scalia’s lecture is one of the milestones in the development of originalist constitutional theory. In particular, it was a turning point in the movement of originalism from ‘original intent’ to ‘original public meaning.'”
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