That is the title of this excellent paper by my colleague and friend Michael Smith, who is a law professor at St Mary’s School of Law in San Antonio, Texas.
P.S.: I have been meaning to blog about Professor Smith’s provocative critique of “originalism” months ago (see also his forthcoming work, “Is Originalism Bullshit?“), but it suffices to say this is one of those papers that I wish I had written first!
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