That's your opinion and you'r not alone, in fact most people use originalism when it suits them. Finding a quote from a framer to support a modern position can be a powerful way to advance their point of view
The counterpoint to this argument is how relevant can The Constitution be if only viewed through 18th Century eyes? We have over 200 years of history and legal rulings not privy to our forefathers and have as much trouble thinking like them as they would have in thinking like us.
If most people use originalism then the odds are that you are wrong.
The argument that the people who wrote the constitution did not know about computers, and that, as a result, the 4th Amendment does not apply to computers, is an outgrowth of the living constitution scool of thought, not the originailists. Originilism is not about arguing that, because the constitution does not say something, we need to make something up to make it work. Originilism is about saying that the intent of the document is to prevent search of peoples documents, even if they are electronic.
Do you honestly think that, if we resurrected the founders, and taught them everything they need to know to flourish in modern society, they would see a massive need to rewrite the constitution to adapt to technology? I have a specific challenge for you, tell me what, exactly, needs to change in the constitution in order to adapt it to 2012, and then explain why we should trust the courts to make those changes rather than actually amending the constitution.
Just because you are blinded by the lies told by people who want to abolish the rule of law, that does not mean everyone, or even most people, are equally blinded.
Exactly. To the modern American conservative, the principles apply whether people are in a relatively unsophisticated late 18th or early 19th Century society or applied in the high tech world of the 21st century. The common defense is the common defense regardless of the nature or sophistication of the enemy. Whether dealing with poor share croppers or pig farmers of their time or the mega corporations of now, the general welfare still applies equally to all rather than to targeted individuals or groups. Our unalienable rights are no different now than they were then, and the role of the federal government should be to secure them now as it was then.
If the Federal government was operating now as it was intended to operate by the Founders, I believe we would have far fewer societal problems now because I believe the people would have found far more ingenious ways to solve them than anything government can come up with on its own.
The fact that the government has been overstepping its intended authority and corrupting the constitutional intent for about 100 years now does not mean that the original concepts are not as sound now as they were then. We just aren't paying enough attention to them or embracing them now.
Last edited: