Originalism is not about the text. Though the theory is often treated as a way to read the Constitution's words, that conventional view is misleading. A society can be recognizably originalist without any words to interpret: without a written constitution, written statutes, or any writing at all. If texts aren't fundamental to originalism, then originalism isn't fundamentally about texts. Avoiding that error helps us see what originalism generally *is* about: namely, our present constitutional law, and its dependence on a crucial moment in the past.
Stephen E. Sachs, Originalism Without Text, Yale Law Journal (forthcoming)
Library of Congress Subject Headings
Constitutional law, Law--Interpretation and construction, Jurisprudence