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It would be a mistake, however, to think that the association between originalist methods and conservative substance reflects some straightforward correspondence between the Constitution’s true original meaning and the preferred values of modern Republicans. The Founders were not an 18th-century incarnation of the Federalist Society, or the Cato Institute, or the Family Research Council, or any other modern conservative group. To be sure, the Founders did not imagine the modern regulatory state. But it should not be surprising that the framework they established developed into the robust form of central government that the United States has now had for nearly a century. The Founders’ project in making the Constitution was fundamentally about strengthening centralized governmental authority.

Via Will Lin-Manuel Miranda Transform the Supreme Court? by Richard Primus published June 4, 2016 by The Atlantic.

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