What is originalism? Debunking the myths

Originalism has featured prominently in each of the last three Supreme Court confirmation battles – those of Neil Gorsuch in 2017, Brett Kavanaugh in 2018 and now Amy Coney Barrett. Each time, misconceptions about this theory of constitutional interpretation have swirled: Isn’t originalism self-defeating because the Founders weren’t originalist? Don’t originalists ignore the amendments written after 1789? Do originalists think the Constitution applies only to horse-drawn carriages and muskets?

As a constitutional law professor, the author of “A Debt Against the Living: An Introduction to Originalism,” and an originalist, I’d like to answer some frequently asked questions about originalism – and to debunk some of the myths.