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Stan Lubin
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Why is it that the originalists use a 21st century dictionary? After all, the meanings of words change over the decades. Therefore, if 1 were to be an originalist, the use of an 18th century dictionary should be required. That would result in more restritive rights on religious access to public buildings and the like, the right to tax church property, and much more. A second problem would arise when the court is called upon to interpret an amendment. Do we now use a dictionary in use at the time of the amendment being ratified? One can imagine what that would mean. Hoowever one looks at it, the use of 21st century language to define what was done in the 18th century amounts to a fraud.