'Originalism' that nonsense enshrined in the Founding Fathers.

Legalistic liberalism aims, usually by assigning rights, to entrench morality

constitutionally, even though the problem it hopes to solve arises from moral

disagreement about values and lifestyles.

The conflicting moral beliefs can’t always be embodied in rights, on pain of

contradiction (there obviously can’t be both a legal ‘right to life’ for foetuses, and

a ‘right to choose’ abortion), so the rights have to ignore or overrule some

of the beliefs.

 

The effect is to make legal structure trump conflict which flourishes in the US

as nowhere else. Its most bizarre outgrowth is the widely-held jurisprudential doctrine

of originalism, which holds not merely that the Constitution should determine judicial

outcomes, but that its content can be authoritatively decided by divining the intentions of the of those pillars of eternal knowingness, the Founding Fathers.

Don't you just love America?
'....walking on imported airs, ooooh it makes you want to cry....' from Blondie's Maria