From Pine View Farm

Originalist Sin 1

Mark W. Schwiebert points out that the concept of Constitutional Originalism is, in fact, contrary to the thoughts of those who originated the Constitution.

Here’s a bit from his article (emphasis added); follow the link for the rest.

. . . the Founders themselves disapproved of the idea. James Madison, commonly considered to be the “Father of the Constitution,” described his understanding of constitutional purpose as follows: “In framing a system which we wish to last for ages, we should not lose sight of the changes that ages will produce.” He elsewhere declared: “No axiom is more clearly established in law, or in reason, than that wherever the end is required, the means are authorized; wherever a general power to do a thing is given, every particular power necessary for doing it, is included.”

Aside:

To be blunt, the motivating factor behind “Constitutional Originalism” it to restore the 3/5s clause, if not de jure, at least de facto. All the rest is smoke screen.

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1 comment

  1. Grung_e_Gene

    September 2, 2022 at 7:14 am

    “Originalism” is how Republicans cloak their fascist agenda by using the revered reputation of the Revolutionary generation.