From Pine View Farm

“Original Intent” 3

Gravestone:  Antonin Scalia, Constitutional Originalist.  Looking on: Four men in colonial-era attire under an umbrella, plus one black slave 3/5s of the way under the umbrella.

Original intent” is neither a legitimate interpretation of history nor a coherent legal theory. It is a racist primal scream.

More here.



  1. Gerald

    February 17, 2016 at 12:31 pm

    Actually …“Original intent” is the GOP/Republican Party and its followers racist primal scream since the ELECTION of Barack H Obama to the Presidency!

    “I want my country back!”

    At the time of “Original Intent ” in THIS country… they codify into law … Blacks 3/5’s of a person!

    They are attempting to treat POTUS Obama’s presidency as 3/5’s …

    Yet ANOTHER stellar example of GOP/Republican governance in 21st Century America!

    Their governance has been AND is an unmitigated disaster!

  2. Frank

    February 17, 2016 at 4:07 pm

    They are attempting to treat POTUS Obama’s presidency as 3/5’s …

    That is a brilliant observation. I never thought of that before, but it’s summarizes the last seven years most pithily.


    The primal screaming is louder now than at any time since the 1960s, certainly–the Republican Party is just this far from making the sheet the official garment–but the “theory” has been around for a bit longer.

    Most of the sources cited at the “Legal Dictionary” link in my original post are from 1970 and later.

  3. Comment Rescue, Original Intent Dept. | From Pine View Farm

    February 17, 2016 at 5:11 pm

    […] commented on my Original Intent post earlier today and sums up the last seven […]