I am willing to admit I’m a moron but who the hell are these “originalists”?
Supreme Court Justices Amy Coney Barrett, Clarence Thomas, and Brett Kavanaugh have all identified themselves as “originalists,” but it now looks like Alito and Gorsuch do too.
So what do these originalists believe?
Justice Amy Coney Barrett, when asked that question at her confirmation hearings, said: “I understand it [the Constitution] to have the meaning that it had at the time people ratified it. So that meaning doesn’t change over time and it’s not up to me to update it or infuse my own policy views into it.”
Okay, Let’s look at some history.
Since the originalists say they must interpret the Constitution based on the time it was ratified rather than interpret the evolution of the historical wisdom it has grown to contain, there is some “originalist” history that they may have overlooked.
The “originalist” history, back when our Constitution was ratified in September of 1787, means: (1) women could not vote or own property, (2) Black people were slaves and didn’t qualify as “people” and (3) interracial marriage was a crime that would get you jail time.
An originalist interpretation of the Constitution, if applied to the present membership of the Supreme Court, would eliminate two-thirds of the “originalists,” as well as a majority of the entire Court.
So Amy Coney Barrett should not vote and should surrender all property she owns and drop out of the Court. And what should they do about Clarence Thomas, or his marriage?
But it gets even more absurd and worse for the fantasy logic of these originalists:
“A Law repugnant to the Constitution is void,” wrote Chief Justice Marshall, the first Chief Justice of the Supreme Court, on February 24, 1803 when, in Marbury v. Madison, he declared unconstitutional a law passed by Congress and signed by the President, based on the Supreme Court’s right of “Judicial Review.”
Nothing, absolutely nothing in the Constitution gave Chief Justice Marshall and the Supreme Court this specific power of judicial review. It is not in the Constitution anywhere.
Marshall, however, believed that the Supreme Court should have a role equal to those of the other two branches of government, so he interpreted the “intent” of the Constitution even though the words were not in the Constitution.
So how can the “originalists” have any basis to review anything?
I’ll tell ya.
As an Economist correspondent recently pointed out, “5 of the 6 conservative Supreme Court justices were appointed by a Republican Senate majority that won fewer votes than the Democrats” and “3 of the 6 were nominated by a President who also won a minority of the popular vote.”
So where are we now?
Are we a democracy? Are we a republic? Or is this when we lose all that? Have you been watching the January 6th hearings?
The billionaire President who appointed three of these originalists, managed us for four years with lies and Twitter and, after he was voted out, more lies in order to organize an attack on our government based on the Big Lie of a stolen election, and all these lies were affirmed by Fox (not at all) News, Ingram and Carlson.
Isn’t it time to start the long hard revolution to take our country back?
The midterm elections have to be that revolution.
If the Trump support, the originalists, and Fox News win the House and the Senate for Republicans in the midterms, those Republicans will continue their coup d’état and attempt to overthrow our democracy. They have made no secret of this.
America has evolved beyond the originalists. We freed ourselves from a king once before. We freed the slaves. We recognized women’s right to vote. As a democracy we have created a history of humanitarian change, and are capable of great creativity and the capacity to govern with a big heart when we are not divided.
Let’s get back to being the US Again.