On the Origins of “Constitutional Originalism” 1

“Originalism” is the doctrine of Constitutional interpretation that asserts that the Constitution must be interpreted as originally written world has not changed since 1789.

Note that the writers of the Constitution were not originalists. They changed the damned thing as soon as it was passed, by adding 12–count ’em, 12–amendments.

Originalism did not originate from the pure logic of philosophical thinkers reaching the conclusion that the Constitution must be interpreted as originally written, so that therefore social security, environmental protections, FDA drug testing, and other such stuff which prevents them what has from reducing them what has not to serfdom must be done away with.

Rather, the folks who came up with originalism sat around in a great vaulted room and asked themselves,

Selves, how can we do away with social security, environmental protections, FDA drug testing, and other such stuff which prevents them what has from whatever we want to do, regardless of consequence, to amass as much money as possible?

After great thought in great think tanks funded by them what has, lo! great sophistry burst forth. They spake:

Aha! We’ll come up with something that sounds scholarly, pedantic, and oh so historical, while feigning reverence for democracy, and we shall give it a name of awkward sound and many syllables.

We shall call it originalism.

Originalism is not scholarship. It is not even strategy. It is tactic.

July 4, 2010 | Posted by: Frank | Posted in: Republican Hypocrisy | Bookmark this post