Alfred L. Brophy
90 Texas L. Rev. See Also 55
Professor Brophy responds to the ongoing dialogue concerning Professor Calabresi and Ms. Rickert’s article with his reactions to their originalist argument that the Fourteenth Amendment prohibits sex discrimination as a matter of original public meaning. He observes a tension between original meaning and original intent and argues that original public meaning may differ from the Framers’ “original expected applications.” Professor Brophy continues by asking a series of questions to ascertain how the Framers identified, how original meaning is established, and whose meaning governs. Professor Brophy then observes how the Reconstruction-era amendments were construed broadly at the time and how by the Civil War, Americans had viewed the Constitution as a set of broad principles rather than a “mere set of words.” Brophy concludes by suggesting potential applications of the Calabresi and Rickert argument.