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Even Aristotle, who could be said to have launched literary criticism, set forth the precepts of tragedy by empirically studying the indelible examples of Aeschylus, Sophocles and Euripides.

“It is not historically or empirically grounded, as the environmental components of fascism were quite limited.”

His remit was to “clean up the corruption,” “end the conflicts of interest,” and “return those agencies to their rich tradition of gold standard, empirically based, evidence-based science, evidence-based medicine,” Kennedy said.

But logically and empirically, the differences between the claims are nugatory.

I think it really is a testament to the idea that constitutional interpretation does shift over time, In addition to being normatively undesirable, originalism is also just empirically untrue.