“Textualism”

“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!

Distinguished Group Of 25 Historians Advocating Removal Of Donald Trump Presidential Candidacy Under 14th Amendment Section Three Of The Constitution

The upcoming Supreme Court case regarding whether Donald Trump should be removed from ballots in Colorado and nationwide for the Presidential Election of 2024 will be argued this Thursday, and a distinguished group of 25 historians has submitted briefs supporting Colorado in the case Trump V Anderson.

Among the reputable historians giving views supportive of such action are:

Allan J. Lichtman of American University
Nell Irvin Painter of Princeton University
James McPherson of Princeton University
Thomas C. Holt of the University of Chicago
Brooks D. Simpson of Arizona State University
Lawrence Powell of Tulane University
Peter C. Hoffer of University of Georgia
Steve Hahn of New York University

There are a multitude of conservative thinkers and authors who also believe Trump inspired the 2021 US Capitol Insurrection, and should be banned under the 14th Amendment Section 3.

The question is whether the conservative dominated US Supreme Court will follow through on their beliefs in “Textualism” and “Originalism”, or whether they will demonstrate their hypocrisy, with most observers thinking the latter will happen!

The reputation of the Court as an institution, and of its nine members, is at stake.

Associate Justice Clarence Thomas should recuse himself in this case, since his wife was involved in the Insurrection.

And Chief Justice John Roberts should want his Court to be seen in history as reputable!

Earlier Courts unanimously repudiated Richard Nixon in US V Nixon (1974), and Bill Clinton in Clinton V Jones (1997), so the present Court has a heavy burden to deal with for history!