05/23/05

Originalism isn't about returning to a particular period of time in our history or jurisprudence, or achieving a certain set of results (even if most constitutional conservatives find some of the results of liberal rulings, such as the post-Roe abortion regime, particularly atrocious). It is more concerned with process, recognizing the Constitution as written law that sets down rules that political actors -- be they presidents, legislators or judges -- cannot change on their own. It's hard to see any other approach consistently yielding fidelity to constitutional law. But the people engaged in Constitution-in-exile fretting do have a point. Liberal anti-originalist jurisprudence has effectively exiled many provisions of the Constitution...

http://www.intellectualconservative.com/article4350.html

from Intellectual Conservative, by W. James Antle III


Informant: Thomas L. Knapp