Having watched the Brett Kavanaugh confirmation debacle wind its way to his confirmation, I have a few thoughts on reading the minds of our sainted forefathers.
1. It’s very unlikely that anyone can read the mind of a forefather, and transpose that thinking to a different era and circumstances. We do have the constitution and the bill of rights that contain safeguards for citizens and the continuation of this republic, as a, for that time, liberal democracy. At that time; slavery was protected and slaveowners received three-fifths of a vote for every slave owned. Not every citizen was allowed a vote, nor was there any form of national suffrage.
2. Our national history is one of constant change and is well documented. It is hard to presuppose that any forefather that continued to live through that history, would remain unaffectedly uneducated to the changes to thought, philosophy, demographics, facts of the changing times, etc., and could retain a rock hard unchanging opinion as to what the Constitution directed towards the political welfare of the republic and its citizens and the nations inhabitants, or what the interpretation of the law should or should not be; undiluted self-interest aside.
We have had activist judges of all stripes throughout our history, and we more than likely always will. We might suppose that appointing judges that cling to an unwavering originalist dogma will safeguard our constitution and the republic. That these judges are not arbitrary and or disinterested. I would beg to differ. Watching the Kavanaugh political diatribe tells me he is not impartial or disinterested, and I feel more Citizens United (hah!) decisions coming down the road. This republic, and the Constitution, and its citizens rights are in very great danger.