A Conclusion in Search of a History to Support It
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Address the issue of originalism's legitimacy as an interpretive theory by addressing two specific issues. First, uses essays written by two prominent originalists to demonstrate that Justice Scalia, by any measure the most important proponent of this theory, is not himself an originalist. Second, compares the historical arguments employed by Justice Souter in a recent search and seizure opinion with Professor Davies' detailed critique challenging the validity of the Court's historical analysis in that case.