#framers — Public Fediverse posts

For one thing, skeptics say, its adherents have abandoned their search for the #intent of the #framers, a quixotic task that can lead only to indeterminate answers. #Originalism as currently practiced is a modern invention whose methods have little to do w/how the founding generation conceived of the #Constitution or its method of interpretation, as recent historical research has shown. The theory’s advocates claim objectivity as one of its strengths, but the court relies on it haphazardly:

#Originalism is the assertion that judges should be guided & limited in interpreting the #Constitution solely by something original in it, although that “something” has shifted over time — from the original #intent of its #framers, to the original public #meaning of its text, to the original #law at the time of its adoption, w/various sub-theories now debated. The theory has been sharply criticized.

#law #SCOTUS