Originalists should want a voting holiday
November 04, 2008
Really, if you're a true "originalist", you'd be committed to viewing the Constitution as a living document, as the Founders saw it. Originalism is opposed to a dynamic, flexible democracy of the sort that the Founders intended. Instead, it's a whitewash over an intellectually bankrupt human habit called "traditionalism". Traditionalism is intellectually bankrupt first and foremost because it rests on a single assumption that's demonstrably false, that people before us were smarter than us, even though they didn't have the benefits we had of more history to draw on (thus more hindsight), widespread literacy, or even better nutrition to keep the brain sharp. It's one of the hardest fallacies to eradicate, because liberals and conservatives to various degrees fall for the trap. For instance, many months ago I found myself in a conversation with a would-be writer who was suggesting that people nowadays are somehow less literate than they were in the past, the evidence being that writers like Shakespeare are, for us, pretty dense writers that are hard to understand. I pointed out, as politely as I could, that literacy was a luxury in Shakespeare's time, and many of the people in his audience couldn't read at all and yet somehow still managed to enjoy his plays. I don't disagree that there's eras of history where people wrote voluminous amounts of incredibly dense writing (Victorians liked to read and write, and so did the Puritans), but I also have to point out that they didn't have TV, and so that was the way they passed the time. But few of even the smartest Victorian writers would even be able to follow a time-jumping plotline on "Heroes", so I have to say that what we're often dealing with is a form of different dialects and reference points, but as a people, they were hardly smarter than we are as a people.