Day: May 5, 2024

“Originalism” And “Textualism”: The Battle For The Future Of Constitutional Government Against The Late 18th Century!

The battle over how to interpret the Constitution in the 21st century is in full swing, with the extremist right wing Supreme Court majority emphasizing “Originalism” and “Textualism” as their basic ideological doctrine!

They want America to be judged by late 18th century interpretations, which means they challenge Alexander Hamilton and his “broad” interpretation of the Constitution.

Hamilton emphasized a broad interpretation, not a strict interpretation, of the Constitution, saying it needed to be a living document.

Even Thomas Jefferson, the original ideological opponent of Hamilton, came to recognize that Hamilton was correct, and so backed away from his original strict intepretation to support the Louisiana Purchase deal with France in 1803, doubling US territory and insuring that no other foreign power would gain further control in North America.

If one is to judge the Constitution by “originalism” and “textualism”, then America should not have had the multitude of changes that has made America a democracy, including among others:

Creation of Cabinet Agencies
End of African American Slavery by Amendment 13
Civil Rights Laws And Amendments (14, 15)
Women’s Suffrage (19)
Federal Government Agencies and Regulations
Federal Income Tax Amendment (16)
Democratizing of the US Senate by Amendment 17
Limitation of Presidential Terms by Amendment 22

This battle is over the future as compared to the limitations of the past, and America has come too far to allow the right wing interpretation to dictate the future of the nation!