Friday, June 4, 2010

Originalists

Just as pork barrel spending is defined as a legislative appropriation that benefits someone other than myself, judicial activism is defined as any court ruling that I don't agree with. Conservatives claim to disavow judicial activism (rulings with which they don't agree) in favor of what they call originalism, rulings that conform to the original intent of the framers of the constitution, or at least what conservatives believe was their intent. The concept of originalism looks good to me on paper, but then I remember that the constitution was drafted and ratified between 1787 and 1790. That was long before the development of things like airplanes, automobiles, electric lights, radio, and automatic weapons, much less stuff like digital cameras and the internet. If the originalists are trying to see the world exactly the way people saw it two centuries ago, with no consideration of the ways human life has changed during that span, that's not so good.

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