“As Judge Barrett described so-called originalism, it means she is supposed to interpret the constitution’s text and understand it to have the meaning it had when the constitution was ratified. but interpreting the constitution in that manner has been used over and over to deny rights to women, to communities of color, and to the LGBTQ individuals, members of our society who had no rights when the constitution was ratified. Originalism is racist. Originalism is sexist. Originalism is homophobic.“
Sen Ed Markey — (D) Massachusetts
From the floor of the Senate speaking to Barrett’s SCOTUS confirmation
Do understand here that Sen. Markey is saying that the US Constitution is itself a racist, sexist, and homophobic document. If the original meaning of the document is racist, sexist, and homophobic, then the document itself is racist, sexist, and homophobic.
Markey has also attacked the whole idea of judicial ruling according to original intent but if Justices are not to rule according to the original intent of the US Constitution and its framers whose intent are the Justices to take into consideration when interpreting the Constitution? Indeed, is it even possible to use the word “interpret” if one does not believe in original intent? Of course it isn’t possible and instead of the word “interpret,” we should use some other words like “pontificate” or “declaim” when referencing what it is that Justices do who do not believe in original intent. When such Justices rule they are merely giving us their personal preference and as a result we have humanism.
If we do not have original intent then all we have is adjudication by the sovereign fiat law word of the fallen Justices. They are not interpreting anything but making it up as they go. The basis for their deliberations and decisions is not anything transcendent or stable but the basis for their rulings is completely relative to the zeitgeist and their own godlike authority. Instead of an outside word as found in the US Constitution they and their fiat word is the law of the land. When this happens we are not being ruled by law but by men and if we are going to be ruled by men and not law I prefer being my own god as opposed to some Ivy League trained moron ruling as my god.
This mindset in the quote is the stuff of anarchy and then tyranny.
It is exactly where we are at in post-modern America.
