As I have learned more about Ms. Barrett, I have come to the conclusion that she may not be the she-demon that the left has characterized her as. She's certainly conservative, but political inclinations are of little importance to an truly erudite jurist blessed with integrity. Ms. Barrett seems to be a likely candidate for such a position. I don't know, but I do know that she's been unfairly castigated.

However, I have a more serious criticism of originalism. You see, at the most fundamental linguistic level, language mirrors the reality in which we live. There's a damn good reason why the Tswana residents of the Kalahari Desert have no words for snow; there's no snow in their reality. Language is constantly evolving because reality is constantly changing. The English of Geoffrey Chaucer is 600 years old and few modern people can understand it. Shakespeare's English is understandable to a minority of modern Americans, yet it is only 400 years old. The language of the Constitution is 230 years old; do you truly think that we can understand it properly today?

The problem is even worse in reverse. The authors of the Constitution had no conception of what reality would like 230 years in the future, so their Constitution simply does not fit modern reality. Take, for example, the First Amendment. It protects the freedom of speech and of the press. It most definitely does NOT protect freedom of expression on radio, television, or the Internet. Mr. Trump could censor Twitter and Facebook, and originalists on the Court would have to admit that, strictly speaking, Twitter and Facebook are not protected under the Constitution.

Of course, the courts have long since expanded the meaning of the First Amendment to cover not just speech and the press, but ANY form of expression. But that's a violation of originalist precepts.

The plan was for the Constitution to be amended in response to changing conditions, but the requirements for Constitutional amendments are so stiff that the Constitution has fallen far behind reality.

It's certainly a mess.

Master of Science, Physics, 1975. Computer Game Designer. Interactive Storytelling.

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