Originalism was thought to be buried in the 1980s with critiques such as those by Paul Brest and Jeff Powell. Brest charged that originalism was unworkable, while Powell maintained that originalism was inconsistent with the original intentions of the Founders. Others raised the moral challenge of why we should be ruled by the "dead hand" of the past. Yet an originalist approach to interpretation has-like a phoenix from the ashes or Dracula from his grave, depending on your point of view-survived into the Twenty-first Century as an intellectual contender. Indeed, it has thrived like no other approach to interpretation.
22 Const. Comment. 257-270 (2005)
Scholarly Commons Citation
Barnett, Randy E., "Trumping Precedent With Original Meaning: Not As Radical As It Sounds" (2005). Georgetown Law Faculty Publications and Other Works. 31.