[TheRealThing]

"Textualism" was Scalia's preferred designation I think. So, OK, the original intent of the Framers did not include women voting and allowed black skinned human beings to be regarded as property, like a couch or a cow. At that time, there were voices decrying slavery, and even a few the non-entity status of women. What this suggests is that the Framers, men of great intellect and vision for sure, were yet but men, captives of their time, subject to the foible and frailty of all. And, yes, it is true, of course, that the Constitution was amended to end slavery and the price was a brutal and bloody civil war, and women did get the vote after much protest. How does that change the point made about the Framers? Surely you do not count as godlike perfection their stances on slavery and women?

I used the word I intended to use. 'Originalism', is the word that Scalia chose to define his own interpretive approach in times past, and that will do for me. And you should know I don't normally pursue a liberal into La-La Land, as the quest to discover my personal identity is long over. In any case, DNC generated talking points barely manage to rise to the level of being superficial as a rule, and man will always be limited by his own foibiliies. The question is whether a society filled with self proclaimed geniuses, untested by any form of sacrifice or tribulation at all, much less the profound level experienced by force of will of the founders, are worthy to second guess their intentions.

Therefore I disagree with the premise of your posturing, in suggesting men are nowadays more enlightened than Jefferson or James Madison. Man's sensibilities are not more highly evolved as the result of being born during our day. In fact, I would say the opposite is more likely the case, and there is much by way of pain in evidence to support the pitfalls of moral decline. Insanity is on the rise as clinics are overrun with those stricken with guilt and shame desperately seek asylum from the haunting of their own consciences. Global unrest is the defining term of our day as the scourges that once beset only the undeveloped countries, now crowd in on Americans. Global terror, global economic meltdown, global wholesale slaughter of the unborn for the sake of personal convenience, all press in on us and there is precious little safe haven left for any of us.

I like Scalia's interpretation of the function of law and the court, and we will miss him.