Commentary 006 Against Anastasia Boden’s Defense of Originalism

When asked, during a panel discussion for the National Constitution Center, to provide his best argument in defense of originalism in interpreting the Constitution, Anastasia Boden of the Cato institutes provided two arguments in defense of originalism.

One argument is a rhetorical claim that the only alternative to originalism is the view that denying originalism means that the Constitution means whatever one wants it to mean at the moment.

The other is that originalism is needed to defend individual rights, due process, and separation of powers.

This video provides a critical assessment of both arguments.

For the original National Constitution Center panel discussion, see: https://www.youtube.com/live/T40A8bLTjeA