October 9, 2022
SO THERE IS NO CONSTITUTION?:
Lincoln Would have Had an Answer for the "Originalists" (Richard Striner, 10/9/22, HNN)
There are excellent reasons for strengthening the public's allegiance to our nation's highest law, but originalism is not the way to do it. It is not the right way to maintain the vitality of a living Constitution.It could make the Constitution moribund and undermine the fabric of what we take our nation to be. It is subversive.One of the conclusions of Roe v. Wade was that the right to abortion emanates from the right to privacy -- a right the Supreme Court established in the 1965 decision of Griswold v. Connecticut.
Once you concede--correctly--that the Court simply invented a permission out of whole cloth--a hundred eighty years into the Constitutional regime--you've come untethered from law altogether.
Public allegiance to our nation's laws is best strengthened by having the Legislative Branch write them.
Posted by Orrin Judd at October 9, 2022 6:20 PM