Brigham Young University Journal of Public Law Volume 31 | Issue 1 Article 13 11-1-2016 Making the Premises about Constitutional Meaning Express: The ewN Originalism and Its Critics Andre LeDuc Follow this and additional works at: https://digitalcommons.law.byu.edu/jpl Part of the Constitutional Law Commons Recommended Citation Andre LeDuc, Making the Premises about Constitutional Meaning Express: The New Originalism and Its Critics, 31 BYU J. Pub. L. 111 (2016). Available at: https://digitalcommons.law.byu.edu/jpl/vol31/iss1/13 This Article is brought to you for free and open access by BYU Law Digital Commons. It has been accepted for inclusion in Brigham Young University Journal of Public Law by an authorized editor of BYU Law Digital Commons. For more information, please contact
[email protected]. LEDUC.MACRO.FINAL_3.DOCX (DO NOT DELETE) 3/1/2017 6:51 PM Making the Premises about Constitutional Meaning Express: The New Originalism and Its Critics André LeDuc*1 ABSTRACT Perhaps the hottest front in the half-century-old debate over originalism turns on the introduction of semantics, pragmatics, and other techniques from the philosophy of language and linguistic the- ory. While in some ways these arguments simply build on the now familiar distinction between interpretation and construction defended by the New Originalism, the newest of the New Originalists purport to break new ground in the debate. The originalists argue that they have rehabilitated originalism so as to avoid the criticisms that had been leveled against earlier versions, including those leveled against earlier versions of New Originalism. The newest critics argue that the sophisticated tools of linguistic philosophy, when properly ap- plied in their hands, offer new and decisive challenges to originalism, including the newest of the New Originalisms.