Originalism is received wisdom by another name.
It is a way of pseudo-argument privileging one narrow type of political view (conservatism) over all others — a view that we must try to divine the “original” intentions of the Founders in our creation and interpretation of the law.
A view that, by the way, the Founders did not share.
Originalism is an excuse framework for denying people the right to self-govern unless approved of by the white aristocratic elite who fancy themselves the Real Americans, over and above everyone else.
It is based on a kind of paternalism over the Founders, whose “perceived shock” at modernity itself would allegedly disallow almost anything the 340 million modern inhabitants of the United States want to do versus what would have been acceptable to the 2.5 million individuals who declared independence almost 250 years ago.
Originalism is a way of allowing conservative judges to play God. It takes the radical ideas of the Enlightenment in our self-governance and twists them back into a form of “received wisdom” delivered by conservative judges’ religious views — in violation of the First Amendment.
Fundamentalist lawyers, judges, and legal operatives often want to drag “original” back even further — to Biblical law. In both cases, the power grab lies in religious nationalists inserting themselves into the picture as the only interpreters of “God’s will” or “the textualist view” (how convenient!), in which they believe the founding documents were theocratic when they clearly were the opposite of that — the Founders talked about it a lot! And many of them were Deists, famously so.
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