RIP Antonin Scalia

That the Constitution should be interpreted, as best as we can discern, in accordance with the Framers' intent.

 

So like their belief that corporation were people?

 

I don't understand what argument you are trying to make, or where you are attempting to take this.

To reset: It was posited that originalism, a method of constitutional interpretation, was premised upon the assumption that the Framers were "always right."

It's not.

 

I believe that justices like Scalia believe they are always right by making decisions they want to make and arguing it's the Founding Fathers' intent.

 

Scalia believes who is always right? I'm not following.

 

Who do you think Scalia thinks is always right? Your choices are him and everyone else in history.

 

I don't understand what you are arguing against or in favor of.

To reset: Someone stated that originalism was the idea that the Founding Fathers were "always right." As a clever "gotcha" against originalists, I believe that he noted that slavery is written into the Constitution. Hence, to believe the Founding Fathers were "always right," you have to accept that they were right about slavery.

That's not a valid or effective argument against originalism, which, as a theory, does not believe that the Founding Fathers were "always right," or sometimes right, or occasionally right. It's not a normative method.

 

I am just saying that trying to divine intent is wrong and egotistical. It's also a way to make a backward decision and blame someone else. You should go by what is written and make your case that way.

But the originalists and their fans seem to act like their way is the right way because they can read the mind of Thomas Jefferson or whatever.

 

That's fine, and that's a valid argument against it. I don't consider myself an originalist. In fact, I think people should argue against it. I was very specifically pushing back against the idea that the Founding Fathers are "always right." That's not what originalism is, and that argument will fail if you try to deploy it against an originalist.

 

Were you on the debate team as a kid?

 

When I was in school, the only debate I got involved in was whether the keg should be Bud or Miller.

 

Clearly the answer was Busch.