Hearings on SCOTUS nominee, Judge Brown Jackson, began 3/21/22. The gist of WIBC’s Tony Katz’s view is a nominee is “absolutely unqualified” who believes The Constitution is construed to change over time. Mr Katz seems to embrace “original intent,” a judicial philosophy.. 1/5

that bases meaning of Constitution on those who wrote it. Critical to this view: whose intent to consider. Intent of delegates to 1787 Convention is problematic. Intent of delegates to State ratification conventions is no clearer. 1) State conventions made no changes to Constitution. 2/5

It was an up/down vote & intent is absent. 2) There’s a paucity of records fr State conventions fr which to discern intent. DE & NJ: none. GA, CT, MD, NH: only a few pages. 3) Constitution was ratified when 9th State (NH, 6/1/1788) voted in favor. Const. Art. VII. Actions of ...3/5

States that ratified afterward (VA, 6/27/88; NY, 7/26/88; NC, 11/21/89; RI, 5/29/90) are not a source of “intent.” To advocate “original intent” as the only way to construe The Constitution is fatally defective. 4/5

I’m Mark Small: GOP candidate for Indiana House Distr 86. I’m proud to be progressive, pro-choice, pro-environment and pro-civil rights, in the tradition of the GOP from its founding to a few years ago. I approve of this blog. Hell, I wrote it. 5/5