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Now, someone who objects to Originalism might say, . . .the important provisions, like equal protection, freedom of speech, the extent of legislative power, these provisions are highly indeterminate and therefore, the original public meaning of the Constitutional text cant do much work. You cant determine that the Constitutional text is indeterminate without doing the originalist work. And, I believe that for may provisions of the Constitution, once we do the work, the text is much more determinate than it might seem to a progressive critic of originalism engaged in the method of armchair originalism. First thing I think that is important is to remember that most of the Constitutional text is highly determinate. Most of the Constitution consists of procedures and institutional rules that establish the basic framework of government. So, the idea that legislation has to be passed by the House and the Senate and that these two bodies have compositions that is determined by a set of ru
