J. Williams
2009-02-19 03:35:09
Originalism – A convenient way to avoid doing what is just, and instead, point to an Article or an Amendment and say “because it says so, right here.” Even when it doesn’t. It is not going to help you determine “interstate commerce” issues in an increasingly “global,” real-time country. The Framers didn’t, and couldn’t have anticipated the necessary future implications, the connotation of a single phrase might have, in a country ten times the size they experienced, with ten times the cultural differences. You’re talking about a time when it was perfectly okay to *own* someone.
Do you really think we should approach the document from that time, with an unwavering exactitude?
