There is an argument in legal analysis for examining the understanding of the drafters of a statute (looking to legislative history, largely), but only as one consideration among others. The adoration of the “Founding Fathers” is an invented perversion of that argument, developed in the public discourse by people who intended it to reach the Court and produce the outcome we are now…enjoying.
This quote may seem silly, but pretending that the founding fathers hated the same things that they hate is also the dominant method of constitutional interpretation used by at least five Supreme Court justices. https://t.co/AmSBwvO597— Ian Millhiser (@imillhiser) July 15, 2022
Saturday, July 16, 2022
“Originalism” And “Textualism” Clarified
Posted by Rmj at 11:28 AM