LARRY SOLUM: Originalism In Constitutional Time:

And so, we arrive at a critical moment in constitutional time. Only a few months ago, many were trumpeting a decisive end to originalism. Originalism was about to be “off the wall” not “on the table.” Instead, originalism is once again the focus of public and academic attention–the theory to beat. But this moment in constitutional time is not a moment of triumph for originalism. Instead, it is a moment of open constitutional possibilities–the future shimmers, with glimpses of alternative constitutional futures coming in and out of focus. In some constitutional futures, the constitutional gestalt shifts and originalism becomes the dominant mode of constitutional discourse, fundamentally altering our conception of the relationship of constitutional law and politics. In others, living constitutionalism regains the ascendency and the downward spiral of politicization that has infected the judicial selection process and even the Supreme Court itself continues apace. Where that spiral bottoms out, I do not wish to speculate. There is enough dread in the world.

Our constitutional future can only be seen through an hourglass darkly, and even our constitutional present seems uncertain, as the sands of constitutional time flow through. But this much seems certain: originalism lives.

Indeed.