Re:America’s Fragile Constitution
by dragonwriter on Thursday September 17, 2015 @11:17AM
(#10233803)
> I'd also argue that constitutional originalism is a very new concept
And you'd be wrong -- some of the original authors were already speaking out against originalism in their own lifetimes, which they wouldn't have had to do if the approach hadn't already starting be applied. (And, in fact, some gave preemptive warnings about it even before the Constitution was ratified, so not only was it actually happening from very early one, it was anticipated and a concern from the very beginning.)
And you'd be wrong -- some of the original authors were already speaking out against originalism in their own lifetimes, which they wouldn't have had to do if the approach hadn't already starting be applied. (And, in fact, some gave preemptive warnings about it even before the Constitution was ratified, so not only was it actually happening from very early one, it was anticipated and a concern from the very beginning.)