More on Originalism:
Jim's query on the original meaning of the Fourth Amendment has provoked yet another round of debates on originalism. In addition to Ilya's post below, Larry Solum has the update here, along with his response to recent posts by originalist Jack Balkin and nonoriginalist Brian Leiter.

I share Larry's opinion that Jack has raised an important issue for originalist theory: the distinction between "original expected applications" and "original public meaning." In my view, while nonoriginalists have tended to attack straw men that have long been discarded by thoughtful originalists, originalists for their part have paid far too little attention to the normative and interpretive theory underlying their practices. I consider Jack Balkin's recent embrace of one version of originalism to be highly significant for a number of reasons, including that it promises to stimulate the constructive development of originalist theory.

(Civil comments only please.)