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Originalism as an approach to constitutional theory and constitutional interpretation is often associated with conservative politics.'This is no surprise given the history of modem originalist theory and constitutional politics. Although originalist arguments have a long pedigree, self-conscious originalism in its modern form largely arose as a response to the liberal constitutional decisions of the Warren and Burger Courts. 2 Judges and scholars turned to history to explain why they thought that the Supreme Court had not only gotten the constitutional law wrong, but had also acted illegitimately in making its rulings. 3 These kinds of critiques culminated in the Reagan administration, the creation of the Federalist Society, and the mobilization of a conservative legal movement that embraced originalism as a core commitment. 4 As a result, many conservatives embrace originalist arguments, and the public often associates …