One of the common objections to originalism is that it’s too hard. All of these overworked judges and Justices don’t have the time or expertise to do real historical research into the original meaning of a constitutional provision.1 It is usually liberals who make this charge. While I don’t have any specific person in mind, it is curious that the latest liberal cause du jour has been to urge judges to consider the opinions of foreign courts. How are judges supposed to be capable of accomplishing that task? If a judge, despite American legal training, finds it too difficult to understand the history and context of the American Constitution, how likely is it that the judge will be capable of understanding all that is relevant about decisions written in another language and in a completely different context?
There’s more in his post.
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