In this episode of Thoughts from Maharrey Head, I talk about Cosmopolitan’s B.S. article about the Constitution.

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A recent Cosmo article titled 9 Reasons Constitutional Originalism Is Bullsh*t demonstrates why the magazine should just stick to talking about sexual positions and better orgasms.

The confirmation hearings for Neil Gorsuch have reinvigorated the debate on how to properly interpret the Constitution. The nominee’s reputation as an “originalist” has progressives whipped up into a frenzy, peddling the absurd notion of a “living, breathing Constitution.” For whatever reason, Cosmopolitan decided take take a break from peddling soft literary porn to weigh in on the fray. In the article, Cosmo senior political write Jill Filipovic manages to cram an astonishing amount of constitutional ignorance into a single column.

In this episode of Thoughts from Maharrey Head, I offer a quick 10-minute take-down of Jill’s main points.

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SHOW NOTES AND LINKS

It wasn’t really possible to delve into depth into every absurd point Ms. Filipovic made in her article. The following resources touches on a number of these issues more deeply.

The first and governing maxim in the interpretation of a statute is to discover the meaning of those who made it.” –James Wilson, Of the Study of Law in the United States, Circa, 1790

Article discussed: 9 Reasons Constitutional Originalism is Bullsh*t

Constitutional Interpretation – Living and Breathing is Dead

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The Evolution of Sovereignty in American Political Thought: States’ Rights

Thoughts from Maharrey Head #61 – The Real American Revolution

Free E-Book – “The Power of No!”

I entirely concur in the propriety of resorting to the sense in which the Constitution was accepted and ratified by the nation. In that sense alone it is the legitimate Constitution. And if that be not the guide in expounding it, there can be no security for a consistent and stable, more than for a faithful exercise of its powers. If the meaning of the text be sought in the changeable meaning of the words composing it, it is evident that the shape and attributes of the Government must partake of the changes to which the words and phrases of all living languages are constantly subject. What a metamorphosis would be produced in the code of law if all its ancient phraseology were to be taken in its modern sense!” – James Madison

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