LETTER TO THE EDITOR / ORIGINALISM IS BALDERDASH

By Roger C. Kostmayer

The Constitution, the SCOTUS and anti-originalism are each important to preserve and protect our democracy; meaning governance of, by and for the people.

Originalism is the belief that what the Constitution’s words mean today were permanently frozen at the time they were written in 1787, regardless of advances in science and society – especially women’s rights, minorities’ advancements and development of modern military weapons.  Ruth Marcus recently wrote a brilliant, well documented piece about originalism in the Washington Post, in which she described originalism as a flawed process that peddles the illusion of impartiality while achieving  conservative goals.  The last term, the Supreme Court addressed abortions, gun rights and separation of church and state. The rulings were led by conservative justices (Gorsuch, Barrett and Kavanaugh) who claimed the judgments were based on originalism (instead of conservatism).

Obviously, the text and context of the Constitution should always be the first and most respected step when interpreting this precious document, but adaptability is essential. The Constitution was intended to be a living document in perpetuity, and the founders knew it had to be adaptable based on original principles.

The Supreme Court must earn and retain the credibility and integrity required of our highest court, and currently, they are failing.  One reason is phony originalism.

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