Tuesday, October 2, 2007

The origin of originalism

In the beginning, there was strict constructionism. And the righteous wing saw that it was good.

In time, however, strict constructionism was tainted by the undeniable fact that it arose in support of racism and Jim Crow segregation. The Republicans needed a new brand, and the Federalist Society obliged with originalism.

Jeffrey Toobin does me a favor to remind me of this history, now that the wingnuts are in charge of the asylum. It's a shame we liberals didn't bork at least Scalia and Alito. In their world, no Constitutional freedoms may attach to new media such as blogging.

The Crits, by the way, made their own extremist fears come true. Law today is a tool of the ruling class.

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