The Federalist Society and Fraudulent “Originalism”

This is an activist court that exercises powers seized by the John Marshall Court in 1803 — they are LYING when they claim to be “originalists” or “strict constructionalists.”

According to the text of the Constitution, the Supreme Court is basically a place where legal issues involving Federal law are adjudicated. That’s pretty much it. Alexander Hamilton (in The Federalist №78) referred to the Supreme Court as the “least dangerous branch” because it was given very little power.

The Constitution does not give it the power to interpret the Constitution or to strike down laws. In 1803, in the case Marbury v. Madison, the Supreme Court simply seized this power for itself. Chief Justice John Marshall said this power was implied. Nobody objected. The Court has exercised “judicial review” ever since.

That power grab is similar to the modern habit of presidents going to war without a declaration of war by Congress. They just do it — even though the Constitution specifically and clearly states “Congress declares war.” Presidents send in the military and Congress looks the other way, or makes some lame excuse.

In any case, “Originalism” is a fraud. “Texturalism” is a fraud. The biggest proponents of this approach to interpreting the Constitution are the biggest frauds. Maybe we can’t (yet) stop those people from abusing their offices to enact their cruel political agendas, but we can rip away the fig leaf that has, until now, offered them the illusion of legitimacy.