Monday, October 20, 2008
The Wall Street Journal printed excerpts from Justice Thomas's Wriston Lecture to the Manhattan Institute last Thursday. Here's the last paragraph:
Let me put it this way: there are really only two ways to interpret the Constitution--try to discern as best we can what the framers intended, or make it up. No matter how ingenious, imaginative, or artfully put, unless interpretive methodologies are tied to the original intent of the framers, they have no more basis in the Constitution than the latest football scores. To be sure, even the most conscientious effort to adhere to the original intent of the framers of our Constitution is flawed, as all methodologies and human institutions are; but at least originalism has the advantage of being legitimate and, I might add, impartial.