Living Originalism

Originalists routinely argue that originalism is the only coherent and legitimate theory of constitutional interpretation. This Article endeavors to undermine those claims by demonstrating that, despite the suggestion of originalist rhetoric, originalism is not a single, coherent, unified theory of constitutional interpretation, but is rather a disparate collection of distinct constitutional theories that share little more than a misleading reliance on a common label. Originalists generally agree only on certain very broad precepts that serve as the fundamental underlying principles of constitutional interpretation: specifically, that the writtenness of the Constitution necessitates a fixed constitutional meaning, and that courts that see themselves as empowered to give the Constitution some avowedly different meaning are behaving contrary to law. Originalists have been able to achieve agreement on these broad underlying principles, but they have often viewed as unduly narrow and mistaken the understanding held by the original originalists-the framers of originalism, if you will-as to how those principles must be put into action. And originalists disagree so profoundly amongst themselves about how to effectuate those underlying principles that over time they have articulated-and continue to articulate-a wide array of strikingly disparate, and mutually exclusive, constitutional theories. In this regard, originalists have followed a living, evolving approach to constitutional interpretation. Our account of originalism\u27s evolution-and of the extensive disagreement among originalists today-undermines originalists\u27 normative claims about the superiority of their approach. Originalists\u27 claims about the unique and exclusive legitimacy of their theory-that originalism self-evidently represents the correct method of constitutional interpretation-founder when one considers that originalists themselves cannot even begin to agree on what their correct approach actually entails. And their claims that originalism has a unique ability to produce determinate and fixed constitutional meaning, and thus that only originalism properly treats the Constitution as law and properly constrains judges from reading their own values into the Constitution, stumble when one considers the rapid evolution and dizzying array of versions of originalism; because each version has the potential to produce a different constitutional meaning, the constitutional meaning that a committed originalist judge would find turns out to be anything but fixed. As originalism evolves, the constitutional meanings that it produces evolve along with it. Today\u27s originalists not only reach results markedly different from those originalists reached thirty years ago, but also produce widely divergent results amongst themselves. Judges committed to the originalist enterprise thus have significant discretion to choose (consciously or subconsciously) the version of originalism that is most likely to dictate results consistent with their own preferences. As such, originalism suffers from the very flaws that its proponents have identified in its alternatives

Over-Improved Stout-Link Smearing

A new over-improved stout-link smearing algorithm, designed to stabilise instanton-like objects, is presented. A method for quantifying the selection of the over-improvement parameter, $\epsilon$, is demonstrated. The new smearing algorithm is compared with the original stout-link smearing, and Symanzik improved smearing through calculations of the topological charge and visualisations of the topological charge density.Comment: 9 pages, 18 figures, submitted to Physical Review

Manual for the District Fisheries Analysis System (FAS): A Package for Fisheries Management and Research. Part 1: Fish Population Survey Data (DOC9 Data Base)

Report issued on: issued September, 1987INHS Technical Report prepared for unspecified recipien

The Effective Δmee2\Delta m^2_{ee} in Matter

In this paper we generalize the concept of an effective $\Delta m^2_{ee}$ for $\nu_e/\bar{\nu}_e$ disappearance experiments, which has been extensively used by the short baseline reactor experiments, to include the effects of propagation through matter for longer baseline $\nu_e/\bar{\nu}_e$ disappearance experiments. This generalization is a trivial, linear combination of the neutrino mass squared eigenvalues in matter and thus is not a simple extension of the usually vacuum expression, although, as it must, it reduces to the correct expression in the vacuum limit. We also demonstrated that the effective $\Delta m^2_{ee}$ in matter is very useful conceptually and numerically for understanding the form of the neutrino mass squared eigenstates in matter and hence for calculating the matter oscillation probabilities. Finally we analytically estimate the precision of this two-flavor approach and numerically verify that it is precise at the sub-percent level.Comment: 9 pages, 6 figures, 1 table, comments welcom