@akuersten Agreed on all fronts. Originalism, paraded as the opposite of judicial activism, is the most confused and itinerant project imaginable. Also hilarious how strict textualist originalists refuse to consider any leg. history in statutory interpretation, but write lengthy opinions analyzing the leg. history and public discourse surrounding the const’l convention. That said, seems like if this Court adopts your theory, it will be through that kind of const’l history analysis.