Amy Coney Barrett’s Judicial Philosophy Doesn’t Hold Up to Scrutiny

The philosophy of Constitutional “originalism, ” beloved by conservatives such as Amy Comey Barrett, doesn’t make sense. Under Constitutional originalism, the US Air Force is unconstitutional – the Constitution explicitly gives the US permission to have an Army and Navy, but doesn’t say anything about the Air Force

US Senator Angus King Jr. and Heather Cox Richardson, professor of history at Boston College, writing at The Atlantic:

The real problem with the originalist theory is that it allows no room for ethical, moral, or political growth. If the Framers didn’t think it, it’s not allowed.

Thomas Jefferson, who wrote the Declaration of Independence and paid close attention to the drafting of the Constitution from his official post in France, understood this danger explicitly: “I am certainly not an advocate for frequent and untried changes in laws and constitutions,” he wrote in an 1816 letter addressing what he perceived to be weaknesses in the new government, “but … laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy, as civilized society to remain ever under the regimen of their barbarous ancestors.”