Check out Posner on Originalism, Founders' Beliefs, and Flag Burning by Chris Green. Here is a taste:
Posner mischaracterizes originalism as requiring the adoption of all of the framers' beliefs:
A diehard 'originalist' would argue that what was believed in 1964 defines the scope of the statute for as long as the statutory text remains unchanged, and therefore until changed by Congress’s amending or replacing the statute.
Virtually every originalist, however, distinguishes meaning from application–as I would put it, textually-expressed sense from tangible reference in the world. Virtually every originalist other than the late Raoul Berger would therefore limit the binding force of "what was believed in 1964" to those beliefs relevant to meaning–founders' analytic judgments, not their synthetic judgments, as I have put it.
