Jeffrey P. Kaplan (San Diego State University) has posted Unfaithful to Textualism on SSRN. Here is the abstract:
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Complementing textualism is (“new”) originalism, the view that “the original public meaning of the Constitution’s text should control its interpretation.” Scalia was an early proponent of new originalism, arguing in 1986 against original intent (“old originalism”) and for original meaning, thereby tightly linking originalism with textualism. Much comment on Heller has focused on Scalia’s originalism. The focus here will be on his textualism, but new originalism’s focus on the meaning of words almost merges the two.
Very interesting and highly recommended.
