But originalism and constitutionalism are not the same, and the opposite of original is not unconstitutional.
Originalists argue that originalism is the only faithfully democratic mode of constitutional interpretation.
Not all Tea Partiers are originalists, but the movement is fairly described as a populist movement inclined toward originalism.
Kramer, the dean of Stanford Law School, argued not against originalism but against judicial review (a power wielded, in recent years, by an originalist Court).
Popular originalism is originalism scrawled with Magic Markers, on poster board.
When ideas are reduced to icons, which, unfortunately, is the ordinary state of affairs, constitutionalism and originalism look exactly the same: the faux parchment stands for both.
Only two Justices, Thomas and Scalia, have built their jurisprudence around originalism (one of them faintheartedly), so its full adoption would require the trashing of dozens, if not hundreds, of Court precedents.
Another approach has been to argue that originalism, so far from being original, in the sense of being the same age as those four sheets of parchment in the National Archives, is quite modern.
It is an argument so old it is draped in cobwebs, but Professor Winkler examines the growth of " originalism", the belief that the Supreme Court should base its rulings on the intentions of those who wrote the constitution.
Originalism, which has no purchase anywhere but here, has a natural affinity with some varieties of Protestantism, and the United States differs from all other Western democracies in the far greater proportion of its citizens who believe in the literal truth of the Bible.
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