David Souter shows his lack of understanding of Originalism!
Damon W. Root at reason.com analyzes David Souter's commencement speech at Harvard last week and points out that this ultra-liberal Supreme Court Justice doesn't understand what Originalism is! Sad!
Originalism does not just take into account the "original" body of the Constitution, but also the Amendments - at the time of their inclusion. Therefore, Plessy v. Ferguson was a terrible decision by the Supreme Court because the Justices who supported it were not "Originalists" as Justice Souter implies.
Our country fixed the problem addressed by Plessey v. Ferguson in 1868 with the 14th Amendment. But the Supreme Court - undoubtedly "activists" of that day - did not take the "original" intent of the 14th Amendment into account. They - not Originalism - were the problem.
Amazing that Souter cannot see this!
Originalism does not just take into account the "original" body of the Constitution, but also the Amendments - at the time of their inclusion. Therefore, Plessy v. Ferguson was a terrible decision by the Supreme Court because the Justices who supported it were not "Originalists" as Justice Souter implies.
Our country fixed the problem addressed by Plessey v. Ferguson in 1868 with the 14th Amendment. But the Supreme Court - undoubtedly "activists" of that day - did not take the "original" intent of the 14th Amendment into account. They - not Originalism - were the problem.
Amazing that Souter cannot see this!
Labels: SCOTUS
posted by Jim | 3:15 PM
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