(... the recent comments by President Obama and Lief Carter have caused me to compose this).
(Replying to Helen's mail below)
(This is the second point — the second e-mail— that I wanted to make)
There was an Originalism conference at Penn this weekend. I didn't go, but I e-mailed one of the participants, who shall remain nameless. I'm told that there was a great degree of criticism against originalism as a judicial philosophy, and that even Randy Barnett conceded that most of the action in disputes about the Constitution's meaning comes from non-originalist "construction," as they call it. I write for two reasons. There are two points I want to bring up, which I shall list in separate mails.