The Times They Are A-Changin’
Justice Scalia once asked the question, “What is a “moderate interpretation” of a Constitutional text? Halfway between what it says and what we’d like it to say?”
Over the weekend Dave got peripherally involved in a debate over this quote, which included the comment by someone that Originalists, like Justice Scalia (and Dave) believe that the Constitution “should be read as a late 18th century document, expressing only what was considered at the time.”
Since that is obviously untrue to anyone who has actually taken the time to read the Federalist Papers, it raises the question, what do Originalists believe? Furthermore, what is Constitutional interpretation anyway?