Left2Right On Originalism
The academics at Left2Right are disemboweling “originalism” as any type of coherent judicial philosophy. Rightly so. Our Constitution is a democratically made documents, spanning many different people, times, and arguments in its creation. Which is what leads to current tyranny as any one with constitutionally mandated authority interprets it to let them exercise more power.
The solution is not a clearer idea of what the Constitution means. I’ll eagerly link once Left2Right explains what judicial philosophy does make logical sense to them. It’s to not be bound by rules that we can no longer hold accountable or change.
Sidenote of academic-legal-pop culture geekery. Just saw a recent West Wing episode where there is a constitutional scholar called Lawrence Lessig played by Christopher Lloyd. Now I enjoy all of these things: Sorkin dramas, Lessig, Lloyd, and especially constitutional debate. Was great to hear arguments about how bad presidential systems are on prime time television (although annoyed that Lessig presented nothing but arguments from authority). But Lessig actually exists. He’s hardly focused on constitutional issues these days (best known for his cyber rights advocacy), and as a real person I’m weirded out by him being played by an actor. That’s all.