Originalism

Conservative legal scholars have come up with a weird theory on how the Supreme Court should act.  It is called “originalism,” and the idea is that the Court must rule exactly the way the Founding Fathers wanted it to rule.

Of the three branches discussed in the Constitution, Article III, discussing the Judiciary, is the shortest.  You can read it in a few minutes.  Nowhere is judicial review mentioned.  Nowhere does it say that the Court can declare a law unconstitutional.  

The first time the Court declared an action unconstitutional was in 1803, and it involved the appointment of a minor official.  The second time was the Dred Scott decision, in which said African-Americans could never be citizens.

The Court and the conservative “originalists” might want to reconsider their doctrine.