Tuesday, December 17, 2019

Justice Neil Gorsuch worries me

Quoted here:

"Originalism says the rights of the Constitution that were given in 1789 are the rights you enjoy today and they can never be taken -- and if you want to add to them, we the people add to them," Gorsuch told Bream.

Add rights? You mean like a right to healthcare? A home? A pony?

The original Bill of Rights enshrines the chartered rights of Englishmen which were perceived by the first Americans to have been abused by England's king. They are old rights, anciently memorialized in the long history of England's Christian civilization. While not exhaustive in an ideological sense, it is dubious to assert we can just invent new rights such as those out of thin air if we want to. The list is pretty complete as it is.

Amending the Constitution is not the same thing as "adding rights". If it is, we're all in trouble.