Originalism

I owe thanks to the participants in The University of Chicago Law Review Symposium on “Developing Best Practices for Legal Analysis,” which led to the Symposium Issue in which this Essay appears, and to participants at a faculty workshop at Georgetown University Law Center. I owe special thanks to Gregory Klass and Louis Michael Seidman for the their very helpful suggestions and criticisms. My thanks as well to Johanna Schmidt for valuable research assistance. © 2017 by Lawrence B. Solum.

I am grateful to Jim Fleming, Andrew Gold, Frank Michelman, and Larry Solum for extremely helpful comments and to Ephraim McDowell for outstanding research assistance.

. For valuable comments on an earlier draft, we thank Will Baude, Seyla Benhabib, Jessica Bulman-Pozen, Josh Chafetz, Robert Ferguson, Joey Fishkin, David Fontana, Willy Forbath, Barry Friedman, Jeff Gordon, Bernard Harcourt, Olati Johnson, Laura Kalman, Jody Kraus, Daryl Levinson, Anna Lvovsky, Gillian Metzger, Henry Monaghan, Sarah Rajec, Steve Sachs, Fred Schauer, Pierre Schlag, Ian Shapiro, Ganesh Sitaraman, Larry Solum, James Stern, Peter Strauss, Cass Sunstein, Katie Tabb, Eric Talley, Calvin TerBeek, and Mark Tushnet, as well as workshop participants at Columbia Law School and William & Mary Law School. For helpful research assistance, we thank Kendall Collins and Mickey DiBattista.

Special thanks to Randy Barnett, Morgan Cloud, Julie Cohen, William Cuddihy, Jennifer Daskal, Thomas Davies, Daniel Ernst, Erin Kidwell, Martin Lederman, John Mikhail, Paul Ohm, James Oldham, Julie O’Sullivan, Michel Paradis, Brad Snyder, Geoff Stone, William Treanor, and Peter Winn, who provided thoughtful comments on earlier versions of the Article. Ladislas Orsy kindly helped to verify the meaning of the original Latin texts. My appreciation extends to participants at the Georgetown Law faculty workshop, Georgetown Law’s Constitutional Law Seminar, the 2015 Berkeley-GW 8th Annual Privacy Law Scholars Conference, the Washington, DC National Security Law Roundtable, and the Retired Partners Group at Arnold & Porter LLP for their critiques. Jeremy McCabe, Thanh Nguyen, Ellen Noble, and Morgan Stoddard kindly assisted in helping to obtain many materials. Betsy Kuhn copyedited the penultimate text, which is reflected in part in chapters four and five of my recently published book, The Future of Foreign Intelligence: Security and Privacy in a Digital Age (Oxford 2016). The editors at The University of Chicago Law Review dedicated time and effort to ensuring the quality of the final Article. It is much appreciated.