Why Originalism Is the Best Approach to the Constitution

Why Originalism Is the Best Approach to the Constitution
AP Photo/J. Scott Applewhite, File

Originalism teaches only that the Constitution’s original meaning is fixed; meanwhile, of course, new applications of that meaning will arise with new developments and new technologies. Consider a few examples. As originally understood, the term “cruel” in the Eighth Amendment’s Cruel and Unusual Punishments Clause referred (at least) to methods of execution deliberately designed to inflict pain.

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