>> originalism, as i see it, to my mind, means in essence constitutional texturalism meaning the original public meaning of the constitutional text. it's very careful when you talk about originalism that people are hearing different things sometimes. justice kagan again at her confirmation hearing said we're all originalists now. by that she meant the precise text of the constitution matters and by that, the original public meaning, first informed by history. it's a conception that people used to have of originalism, which is original intent, in order, what did the people, some people -- >> subjectively. >> subjectively intend the text to mean. that has fallen out of the analysis. for example, let's take the 14th