Profile picture
Orin Kerr @OrinKerr
, 7 tweets, 2 min read Read on Twitter
This interesting thread from @lsolum brings to mind an idea for a great symposium: have Originalist scholars discuss whether they like or dislike the Constitution as a policy matter. /1
Given that a common criticism of Originalism is that it tends to reflect the author’s preferences, you could evaluate that by having Originalists explain their preferences and show how far the Constiution is from it. /2
The reader could then assess how much the scholar's constitutional views differ from their policy preferences as a whole. It wold not only be interesting to assess that scholar's work, but the group's work as a whole. How much correlation is there across the board? /3
It would be an extremely powerful counter to the objection that it's all disguised policy, for example, if it turns out that there is zero or little correlation between a scholar's policy views and their views of the Constitution. /4
Conversely, it would be a powerful counter to originalism, at least as applied, if it turns out that there is a very high correlation between those two. Scholars writing about their policy views, and how much their view of Const matches or doesn't, could let all assess that. /5
And after that is done, it would also be fascinating to have a second symposium asking the same questions for avowed non-originalists. You could then compare the degree of policy vs. const correlation for originalists and non-originalists, and see if there is a difference. /6
And if there is a difference, which way does it cut -- are self-described originalists less likely to have their constitutional views reflect their policy preferences than non-originalists, or more likely, or does it make no difference either way? /7
Missing some Tweet in this thread?
You can try to force a refresh.

Like this thread? Get email updates or save it to PDF!

Subscribe to Orin Kerr
Profile picture

Get real-time email alerts when new unrolls are available from this author!

This content may be removed anytime!

Twitter may remove this content at anytime, convert it as a PDF, save and print for later use!

Try unrolling a thread yourself!

how to unroll video

1) Follow Thread Reader App on Twitter so you can easily mention us!

2) Go to a Twitter thread (series of Tweets by the same owner) and mention us with a keyword "unroll" @threadreaderapp unroll

You can practice here first or read more on our help page!

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just three indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member and get exclusive features!

Premium member ($3.00/month or $30.00/year)

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!