Eric L. Muller (University of North Carolina School of Law) has posted Originalism Was Impossible on SSRN. Here is the abstract:
Originalism was a method of constitutional interpretation that virtually no lawyer in America could undertake for at least the first hundred years of the Constitution's life. This essay illustrates the impossibility of originalism through exploration of a North Carolina case litigated in the late 1860s. The example should give us pause about assertions that originalism is the right path, or a mandatory path, to the Constitution's meaning.
Highly recommended.
