Posted on 02/14/2016 6:04:52 PM PST by Arthur McGowan
I have read about a dozen articles and blog posts about Scalia. All mention "originalism," and NONE mention WHY originalism matters.
The reason "originalism" matters is that if we do not know or care what the people who wrote and ratified the Constitution or other laws MEANT, then there is no such thing as SELF-GOVERNMENT. The reason is NOT that the Founders were perfect, or all-wise, or especially virtuous, or that they were "divinely inspired." The reason is: SELF-GOVERNMENT.
The very REASON the nonsense of the "living Constitution" was invented was that the judges wanted to govern, in place of the people.
Van Buren was the first natural born president post Declaration of Independence, but we weren't a country yet when he was born.
It would seem once the Constitution was adopted, it didn't matter when, only where re: natural born. Hence Van Buren first natural born.
“No Person except a natural born Citizen, or a Citizen of the United States at the time of the Adoption of this Constitution,...”
the constitution was adopted 6/21/1788.
What am I missing ?
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Exactly.
Huh? We were a country after July 4, 1776. We became the United States of America on that date.
the constitution was adopted 6/21/1788.
The US Constitution was our third governing document. The Articles of Confederation came before it in 1781,
and of course the Declaration was the document that founded the new nation.
What am I missing ?
I think you are conflating the writing of the US Constitution with the founding of the United States. This is incorrect. The United States was created by the Declaration of Independence. The Constitution was just a governing charter.
It didn't even go into effect until June 21, 1788. By this time, we had been an independent nation for 12 years.
duh me. thanks
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