Amy Coney Barrett considers herself a “Constitutional Originalist.” What, exactly, does that mean? According to Merriam-Webster, it is “a legal philosophy that the words in documents and especially the U.S. Constitution should be interpreted as they were understood at the time they were written.” (https://www.merriam-webster.com/dictionary/originalism)
Think about what that means. If we are to interpret the Constitution based on the realities of the day in the late 18th century, then shouldn’t the only people allowed to vote in national elections be white, property-owning men? What do we make of the 3/5 clause of Article I, Section 2 of the Constitution and how do we reconcile the 14th Amendment (passed in 1868) with the “original” intent of said Article?
In my less than humble opinion, this concept of originalism is as flawed as belief in the Bible being the infallible word of God. Both require one NOT believe in evolution; I don’t here mean biological evolution (which many Bible believers don’t recognize as real) but the natural evolution of society and its economic, political, and general attitudes toward what’s good and just for a people. Our laws, our habits, our customs, our culture, even our morals change over time; sometimes imperceptibly and others rapidly and definitively.
When the Constitution was written, the framers included (Article V) the ability to amend it and, in fact, the first ten amendments—the Bill of Rights—were needed to ensure adoption of the nascent Constitution by some of the States who wanted more guarantees of freedom from unnecessary restrictions on the States and individuals.
Inasmuch as there is a method by which the Constitution can and, in fact, has been amended how can a logical argument be sustained that it must be interpreted in light of the reality of nearly two hundred fifty years ago? This makes absolutely no sense. Two hundred fifty years ago virtually none of the structures, organizations, and technologies we currently enjoy existed. How do we interpret their use and ownership if they weren’t around when the document was written?
Originalism is a sham argument and should be completely ignored. Any jurist taking such a position is, IMLTHO, an intellectually dishonest poseur and should be ignored . . . if not ridiculed. This includes Amy Coney Barrett who, if she had any integrity at all, would not allow this raw power grab and farce of a nomination process to continue.
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