RET Reflections Meeting
October 23, 2022, Sunday 4:30 - 6:00 pm
Do you trust "Originalism"?
From Wikipedia: In the context of United States law, originalism is a concept regarding the interpretation of the Constitution that asserts that all statements in the constitution must be interpreted based on the original understanding "at the time it was adopted". This concept views the Constitution as stable from the time of enactment and that the meaning of its contents can be changed only by the steps set out in Article Five. As we all know this idea is meeting a lot of push back these days and many believe that originalism is virtually impossible since times change and the people who worked on the constitution are long gone. Others believe that what they said is what they meant regardless of how times change: If people don't like it, then use Article Five to change the constitution - don't white wash what was said with legal claptrap.
A contemporary critic is:
How Justice Scalia created chaos: "Originalism" is just right-wing ideology in disguise (msn.com)
What do you think? Is there merit in originalism or should the constitution be regarded in broad terms and interpreted within the context of contemporary times? Or perhaps should some of the other legal interpretations examined?
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