In a post entitled Constitutional Authority and Theories of Constitutional Interpretation, Larry Solum responds to several recent contributions to the debate over originalism triggered here on the Volokh Conspiracy. I highly recommend Larry's latest post, in which you will also find links to the various responses that have been posted elsewhere in the blogosphere.

Because I am now completely enmeshed in finishing a draft of my con law casebook before moving to DC next week, I cannot take the time now to post on this issue myself. Nor can I respond to the accuracy of my colleague Marty Lederman's recent characterization of my explication of originalism. Of course, I disagree with Brian Leiter's claim that "Originalism, I'm afraid, is still the theory of interpretation without a theoretical justification." I imagine what he means by this is that originalism lacks an adequate justification that he finds persuasive. Fair enough. I feel the same way about nonoriginalist methods of interpretation. But Brian's choice of wording also suggests, perhaps unintentionally, that no originalist has undertaken to provide such a justification. Given my lengthy normative defense of originalism in my book, Restoring the Lost Constitution, I cannot accept the accuracy of this claim, if it is this was indeed his original intent.

(civil comments only please)