Throwing history under the bus and calling it originalism.
In the late 1960s, when conservatives felt that the Warren court was tilting too far to the left, magicking up in their opinions a Constitution that did not exist, Robert Bork, the patriarch of originalism, took a revelatory position: The Constitution should be interpreted in the ways intended by the people who wrote it. This was necessary, he made clear, so that judges could not just impose their own views of what the Constitution was supposed to mean.
Bork’s idea was deceptively simple and deeply appealing to those of a conservative bent. Constitutions were precise legal documents meant to endure into eternity unless and until amended.And if you were a conservative, what understanding of the Constitution could be presumptively better than the one dating all the way back to the late 18: deceptive.
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