With jaw-dropping speed, the GOP leaders in Senate and House now reject their earlier touted
Antonin Scalia Originalism as a cornerstone of Republican policy in interpreting the Constitution. Such Originalism, applying the plain meaning of words as used by Founders in their day, to problems whose parameters were recognized by them in that day, has been touted with broad political piety as the Scalia holy grail-let since his death on February 13, 2016. Review obituary, NYT.'s
That Originalism dry-run on Constitutional interpretation is over, buried after the death of its proponent on February 13, 2016, and by its own earlier-supporting party. Originalism is now below ground, abruptly come down-to-earth, driven to ground, and forbidden for use, especially as to the procedures mandated by the Constitution for Scalia's own succession.
How so? Read the original constitution. Apply plain meaning. Dry run of Originalism has ended.
Constitution Article II, Section 2, as to the President in pertinent part:
He [the president, this president, there is one at any point in time, so the president at the time, not the next president, not some other preferred hypothetical president] shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments. [all emphases added]
Originalism indeed has its limits. It is a starting point, not an end point. Its demise is timely. Thank you, Mitch. You have indeed made the Constitution a living document, even as to the dead.