To the casual observer, Barrett and Scalia have the imprimatur of history on their side. It follows that if you want to determine how and whether laws fit within the framework of the Constitution, you should just ... read it? The words are right there. Why leave it up to judges operating in today's world who seem poised to consign history to the recycling bin?.
given that the constitution was effectively rewritten by the reconstruction amendments, it would be great to see a supreme court nominee say something like “I will interpret the Constitution as it was understood in 1870.”Through this revamping of the Constitution — and through later revisions, like the 19th and 24th amendments — the ideas of the founders themselves have already been superseded in the text.
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