Tuesday, February 7, 2017

Questions for Judge Gorsuch (and Other Supposed Originalists)

Trump's nominee to the Supreme Court claims to be an "originalist" and is supported by those who espouse the view that the meaning of the Constitution is to be interpreted as fixed as of the time it was enacted and intended by the Founding Fathers. They, and the Constitution at the time, allowed Blacks to be held as slaves. While the 13th, 14th, and 15th amendments made certain changes in their rights to hold property, vote, and enter contracts, and not to be enslaved, and the Union went to war to abolish slavery, Judge Gorsuch might be asked if he would look to the views of the Founding Fathers in determining the constitutionality of any law providing for affirmative action, and if so, what the Founding Fathers would say in that regard. Likewise, in looking at the constitutionality of any law protecting the rights of women, he might be asked the extent to which he would be persuaded by the Founding Fathers' view (later over-ridden by the 19th amendment) that they should not even be afforded the right to vote. 

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