ON ORIGINALISM AND CONSERVATISM
Clarity from Edward Whelan in an article titled "Supreme Confusion" in National Review Online, April 13, 2005:
- "In other words, originalism will lead to 'conservative results' on these issues only if, and to the extent that, elected legislators enact conservative positions into law. Conversely, originalism will lead to liberal results when elected legislators enact liberal laws."
and he continues:
- "And, of course, the free play that originalism gives to the political process on these issues will allow the electorate the flexibility to change its collective position over time."
Someone please explain to me why we do not want our Supreme Court Justices supporting this philosophy?
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