The Founders meant for the republic to be agile in philosophy — always changing to meet the new demands of the next generations. They meant for us to be self-governing, and empowered to create policy for problem-solving in new eras they themselves could not even conceive of. Thomas Jefferson wrote forewarningly of the Dead Hand of the Past and how critical it would be to not remain trapped by it. The Founders were agile not in the sense of software development (obviously!), but in the same spirit: they embraced responding to change over following a plan, and in continuously uncovering ways to develop a more perfect union.
Conservative ideology on the other hand — and in particular, Originalism — flouts the actual intentions of the Framers while cloaking itself in nationalist symbology. It tries to claim that our modern hands are tied by the dead ones of the past. The Originalist doctrine currently holding sway at The Supreme Court, The Federalist Society, and the majority of right-wing judiciary maintains that the best we can do is peer feebly into the distant past and try our best to squeeze ourselves into the minds of the men who inked our Constitution some 235 years ago.
The Founders wrote things. A lot of things.
Leaving aside for a moment the impracticality of that theory as an actual practice of interpreting the law, some consideration of materials on hand shows us that we needn’t go to all that trouble in the first place — why? Because the Founders left a lot of writings behind about exactly what they meant, and the principles they were thinking about, at the time of the nation’s founding and the drafting of our Constitution.Continue reading “The Founders were agile”