Originalism Quotes

“It is preposterous to suppose that the people of one generation can lay down the best and only rules of government for all who are to come after them, and under unforeseen contingencies.”
― Ulysses S. Grant, Personal Memoirs

“Progressives did not like the antiquated thinking that saw the Constitution as a barrier to government expansion. The "living Constitution" was born. That benign-sounding phrase (coined later) was conjured up to justify changing the Constitution, without formal amendment, from a limit on power to a blank check. What was impermissible to the federal government by an earlier interpretation became permissible once the Constitution was construed as a evolving document. But by that philosophy, the Constitution is no limit on government power at all. A constitutional government that defines its own powers is a contradiction in terms.”
― Sheldon Richman, Your Money or Your Life: Why We Must Abolish the Income Tax

“How could those who wrote the Constitution possibly understand its meaning better than those who had the experience of observing and participating in its operation? It is one thing to rail against the evils of politically unaccountable judges enlarging constitutional rights beyond the ideas and purposes of their adopters; another to explain why morally sustainable claims of equality be held captive to the extraordinary obstacles of Article V or subject to the partial and incomplete understandings of 1789 or 1868.”
― Jack N. Rakove, Original Meanings: Politics and Ideas in the Making of the Constitution

“It is in no way remarkable, and in no way a vindication of textual evolutionism, that taking power from the people and placing it instead with a judicial aristocracy can produce some creditable results that democracy might not achieve. The same can be said of monarchy and totalitarianism. But once a nation has decided that democracy, with all its warts, is the best system of government, the crucial question becomes which theory of textual interpretation is compatible with democracy. Originalism unquestionably is. Nonoriginalism, by contrast, imposes on society statutory prescriptions that were never democratically adopted.”
― Antonin Scalia, Reading Law: The Interpretation of Legal Texts

“The Court’s insistence that judges and lawyers rely nearly exclusively on history to interpret the Second Amendment thus raises a host of troubling questions. Consider, for example, the following. Do lower courts have the research resources necessary to conduct exhaustive historical analyses in every Second Amendment case? What historical regulations and decisions qualify as representative analogues to modern laws? How will judges determine which historians have the better view of close historical questions? Will the meaning of the Second Amendment change if or when new historical evidence becomes available? And, most importantly, will the Court’s approach permit judges to reach the outcomes they prefer and then cloak those outcomes in the language of history?”
― Stephen G. Breyer, New York State Rifle & Pistol Association, Inc. v. Bruen

“It was actually Thomas Jefferson himself who said 'we might as well ask a man to wear the coat that fitted him when he was a boy' as expect future generations to live under what he called 'the regime of their barbarous ancestors.' So even the founders that these kind of dead-hand originalists claim fidelity to understood better than their ideological descendants — today's judicial so-called conservatives — the importance of keeping with the times. And we deserve judges and justices who understand that.”
― Pete Buttigieg