Professor Randy Barnett explains how different constitutional law scholars, and judges, can arrive at vastly different interpretations. Those who adhere to “living constitutionalism” decide on a correct result and then use the text and precedent to support their initial assumption. Originalists analyze the text and evidence first, then conclude what result logically follows.
Professor Randy E. Barnett is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, where he teaches constitutional law and contracts, and is Director of the Georgetown Center for the Constitution.
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
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