OpinionDecember 8, 2022
Terence L. Day
Terence L. Day

One of our founders’ pressing questions was whether the republic democracy that they created would long survive.

Some worried that it might fail during their own lifetime.

In our day, the hot question is whether the U.S. Supreme Court will destroy our democracy as recent decisions turn back the calendar and rescind civil rights.

A conservative block consisting of Chief Justice John G. Roberts, Jr., and associate justices Clarence Thomas, Samuel A. Alito, Jr., Neil M. Gorsuch, Brett M. Kavanaugh, and Amy C. Barrett compose a six-vote majority on the U.S. Supreme Court. Moderate to liberal justices Sonia Sotomayor, Elena Kagan, and Ketanji B. Jackson can prevail only if two conservatives break rank, which seems highly unlikely.

The weapon being wielded by the conservative block is a mindless insistence that interpretations must be arrived at via a single approach. Originalism, of course; i.e., their approach.

Originalism approaches the constitution’s meaning by relying on how the populace at the founding, understood and generally agreed with the text.

In fact there are numerous methods of interpretation. The most commonly applied are (alphabetically) historical practices, judicial precedent, moral reasoning, national identity, original meaning, pragmatism, structuralism and textualism.

A recent Washington Post op-ed opinion declared originalism as “bunk,” which the Cambridge English Dictionary describes as “complete nonsense.”

Whether the court’s six devotees of originalism earnestly believe in it, or are just using it as a convenient and powerful tool to impose their stupefying political beliefs on America, is an open question. Stay tuned.

Originalism threatens democracy. Someone has suggested that if the Constitution is to be interpreted by examining the historical record for when it was written, debated and passed, it should be interpreted not by lawyers, but by historians. On deadline, I can’t dredge up his or her name, from my recent reading. Sorry.

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That men and women intelligent enough to be Supreme Court justices can believe in originalism is discombobulating. Stupefyingly ignorant.

Our founders produced a representative democracy, which has morphed into a popular democracy. That is, a government in which the populace elects its leaders. Hence populism.

There was great concern among our founders that democracy could not live long under a populous government. Populism was actively promoted during the founding, as an antidote to a government controlled by elitists.

The highly controversial development of political parties began during the presidential election of John Adams in 1800 when “ ... campaigns were trending democratic … partisan bloodlust replaced civil argument.” (Nancy Eisenberg and Andrew Burnstein in “The Problem of Democracy”).

With remarkable prescience, Abigail Adams, wife of John Adams, foresaw danger in populism. In 1800, she wrote to her son, John Quincy Adams, then an ambassador living in Berlin, “We shall become sick of our popular Elections (sic), after a few years more of experience.”

Among the great fears of populism are that it puts the direct election in the hands of citizens who are fundamentally ignorant of government; and that it creates an environment in which famous personalities appeal to voters’ basest interests.

Voila! Former president Donald Trump remains popular with his base, despite his immoral and criminal actions and his attempt to overturn the 2020 presidential election. Trump admires dictators and both China and Russia, which meddled in the election in an attempt to reelect him.

He is supported by politicians who are restricting access to the polls, and — of course — by voters who elect them.

At the ripe old age of 84, it seems that even I may live long enough to see Abigail Adams’ greatest fears realized.

Wake up, America, while you still can.

Day is a retired Washington State faculty member and a Pullman resident since 1972. He enjoys a life-long interest in agriculture, history, law, politics and religion. He encourages email, pro and con, to terence@moscow.com.

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