re: #196 HappyWarrior

I always thought there was an arrogance to conservative judicial philosophy. The thought that you can use a 19th century mindset/approach and apply them to 21st century problems and reality. Sure perhaps Jefferson did intend for a smaller federal government but he also didn’t account for that the country is a lot different today than when he died in 1826 too.

The entire idea of originalism as a way (especially if held to be the only way) of dealing with constitutional interpretation is nonsense. The only purpose it has is to provide a convenient way to inject prejudices from the past into present-day jurisprudence.