Citation: 104 Geo L.J. 459 (2016)
“New originalism” presents a profound challenge to originalist determinacy—that is, to the notion that original constitutional meanings alone can resolve most constitutional controversies. Although new originalists purport to seek out and adhere to original meanings of constitutional provisions, they acknowledge that some original meanings are too thin to fully resolve many constitutional questions. Such acknowledgment stands in sharp tension with traditional claims of originalist determinacy. . . .