To follow this thread, the focus of so much inquiry on the intent of the original Framers obscures the fact that whatever their understanding was of the original document, the document today is textually much different. So originalist thinking helps block thinking about what the text today means. I think the discussion of so-called 11th amendment state sovereignty today, for example, fails to take into the tectonic shift in viewpoint about the states' roles and value as protectors of individual rights started with the Civil War amendments and continued with womens' suffrage, etc.
- Re: John Bingham & the Story of American Liberty Bryan Wildenthal
- Re: John Bingham & the Story of American Liberty Judith Baer
- Re: John Bingham & the Story of American Liberty Bryan Wildenthal
- Re: John Bingham & the Story of American Liberty Michael Zimmer
- Re: John Bingham & the Story of American Liberty Mark Graber
- Re: John Bingham & the Story of American Lib... Scott Gerber
- Re: John Bingham & the Story of American... Michael Curtis
- Re: John Bingham & the Story of Amer... Michael Curtis
- Re: John Bingham & the Story of American... Paul Finkelman
- Re: John Bingham & the Story of American Liberty Bryan Wildenthal
- Re: John Bingham & the Story of American Liberty Judith Baer