Is Originalism “Dangerous”?

Yesterday I discussed the impact of emotion on American politics.

No one can discount the power of the heart, even when it comes to a judge’s decision.

Take for example most of the leftist decisions of the 20th century.

They aren’t based on the Constitution. And one dean at a major West Coast law school admits it.

You see, if we based legal decisions on the Constitution, i.e. originalism, then almost everything the left fought for over the last half century would be unconstitutional.

He’s right, which is why he thinks “originalism” is dangerous.

And radical. And lunacy.

These are emotive arguments. They have a particular purpose. Originalism is bad because it is racist. Or sexist. Take your pick.

It doesn’t matter that it is the correct way to interpret the Constitution. Even the founding generation said as much.

Nope. What matters is the correct emotional–and political–outcome.

I almost wanted to give him a tissue.

But it did make for great podcast fodder.

Check out Episode 702 of The Brion McClanahan Show.