Tech_Esq
Sic Semper Tyrannis!
Agreed.
The deification of the Floundering Fathers by we moderns.
They forged an incredibile document for their time, given the problems they had to ignore (like slavery), but their time passed, as they knew it would.
Fortunely for us, they had the foresight to make it possible for future generations to interpret that document in ways that made it possible for this nation to change with changing conditions. They built into that remarkable document the possibility of amending it as needed, too.
It is impossible to write a set of laws (or a social contract, if you will) for all time, folks.
They knew that.
Apparently some of us want to believe that is not the case.
Some of us truly want to believe that one can simply impose one's interpretation as the "strict" interpretation of their exact meaning, and dismiss everyone else's interpretations of that document as irrelevant and an imposition of our misguided values upon their perfect document
Rather reminds me of biblical scholars who insist that they -- and they alone! -- have a handle on the mind of God.
The world belongs to the living, folks.
I would suggest you read the Constitution again. You do the "Floundering" fathers an injustice by saying they ignored slavery. There were many compromises made in the Constitution to both get it passed and to build real limits into the continuance of slavery. It's a cheap shot 200 years and a civil war later to second guess what they did.
I agree with your second point.
I agree with your third point.
I think it is better to base a judicial opinion on something rather than nothing. You should read Judge Bork's The Tempting Of America for insight into what it really means to decide cases as an originalist or strict constuctionist I think you'll find it isn't exactly what you think it is. Some people give it really bad press because they have a legislative agenda they are trying to push through the courts and originalists would be an impediment to that. I think it is not legitimate to push a legislative agenda in the courts.