The Founders did not believe that the Constitution would be changed over time by the courts, rather than the sovereign people through the Article V amendment process.https://twitter.com/HeerJeet/status/1132086340202504198 …
He'd been dead for 70 years when they wrote it. But the judicial assault on the original meaning of the 14th Amendment started within a decade of its passage.
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Honest Q - was Marbury v. Madison judicial assault in your view?
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Marshall should have recused, but if you mean the idea that the courts can declare acts of Congress to violate the written Constitution, of course they can; the Founders expected they would. Judicial review is designed to enforce stable, written law.
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How do we deal with the Air Force or a “Space Force” under the 5th A? And where is the text from the founders setting out that only technological change is an appropriate means of altering their strictures to later decades or centuries? It’s effectively a standalone document.
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The short answer is that all of these are objections that originalists have heard and addressed a thousand times. John Marshall, in Gibbons v Ogden, had to apply the Commerce Clause to steamboats. Repeating rifles were foreseen by 1791. etc.
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