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Sunday, December 4, 2022

 On 12-3-22, a WAPO Opinion says: Originalism is bunk. Liberal lawyers shouldn’t fall for it.  And on that date the Enlightened Prisoner responded thus:

Take note that the originators of the US Constitution were privileged landholders of sufficient education to read, write, and reason. They were also individuals who could pay their own way to the conventions for Constitutional construction.

They were suspicious of the churches of the time whose main intent seemed to govern their followers as they saw fit and, found it necessary to void any reference supporting religious authority other than the right to choose which to believe. The population was able to fend and feed itself, mainly because regulation and quality control was governed by the market and welfare was a family thing.

Personal safety and community security was pretty much left to individual pursuit. That is why they left responsibility for public safety, education, and infrastructure to the individual Constitutions of each approved state to create and arm their own militia or the means of self-protection from the uncertain wilds of totally new territory.

Should I go on, or are you beginning to understand the vagueness of a Constitutional document written in isolation of crystal balls or time machines?

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