Decryption Originalism: The Lessons of Burr

Tags: 2020s Amendment V Amendment V / Self Incrimination Mobile

Authors: Kerr, Orin

Published: February 2020

URL: https://papers.ssrn.com/abstract=3533069

Abstract: This law review article by Orin Kerr describes Fifth Amendment arguments in the treason trial against Aaron Burr and their application potential application to a Supreme Court case regarding encryption. The 1807 trial of Aaron Burr was exhaustively documented and therefore is able to shed light on the founder’s original intent of the Fifth Amendment’s prohibition on self-incrimination. Kerr applies these underlying intents and principles of the Fifth Amendment and applies them to the modern debate on encryption.