Source: Law & Liberty
by John O McGinnis & Mike Rappaport
“Original public meaning is the bedrock upon which the entire structure of originalism is built. Originalism, now a dominant force in constitutional interpretation, draws its power from this concept. But original public meaning’s effectiveness depends on understanding its true nature. That nature turns on a key issue: whether the public meaning allows for the meaning that those well-versed in law would give to a provision (the legal meaning) or merely the meaning that the ordinary public (the lay meaning) would give to it. This choice greatly influences our ability to uncover a precise and reliable interpretation of the Constitution. It strikes at the heart of how judges are to interpret the document that governs our nation.” (09/12/24)