Madison and Jefferson destory Orginalism. [View All]

[white_wolf]

So today in class we talked about Orginalism and some of its criticisms. My professor pointed out that Orginalists tend to rely heavily on Madison's notes to understand the Constitutional Convention, but Madison himself said the following: As a guide in expounding and applying the provisions of the Constitutions, the debates and incidental decisions of the Convention can have no authoritative character."

Madison also said: "The meaning of the Constitution must emerge over time and as a result of experience."

Finally Jefferson said the following: "I am certainly not an advocate for for frequent and untried changes in laws and constitutions. I think moderate imperfections had better be borne with; because, when once known, we accommodate ourselves to them, and find practical means of correcting their ill effects. But I know also, that laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy, as civilized society to remain ever under the regimen of their barbarous ancestors."

So can we please drop this Orginalism crap? It's kind of pathetic at this point, oh and don't even get me started on the contract analogy.