Petr Swedock
1 min readDec 1, 2020

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'originalism' in fact, isn't that original. It is merely coded language for 'take us back to 1953,' which--not coincidentally-- was the year of instantiation of the Warren court, which gave us privacy, civil rights, Miranda rights,desegregated schools and which struck down bans on interracial marriage.

For a close reading of the constitution alongside the intent(s) of the founding fathers there are no better documents than, first, Frederick Douglass famous 'What, To the Slave is The Fourth of July,' and, second, Lincolns 1860 speech at Cooper Union.

Douglass criticizes the founders and damns the perpetuators of slavery and yet, in an artful, and masterful, reversal, CLAIMS the Constitution (and the Declaration) for the anti-slavery cause! There was a big debate among abolitionists, in particular between William Loyd Garrison and Douglass, about whether the Constitution was help or hindrance. Douglass ended that debate quite forcefully.

In his Cooper Union speech, Lincoln excoriates all opposition: Stephen Douglas' claims to find purchase for 'popular sovereignty' in the Constitution; Southern slaveholders right to man as property and willingness to, as he says, choose 'ruin over rule of law' in their willingness to destroy the union if they don't get their way. Lincoln also explores why the Constitution says 'persons' and not 'slave' and hints at his belief that anti-slavery forces refused to codify slavery in the Constitution so that future generations might end it, root and branch.

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Petr Swedock
Petr Swedock

Written by Petr Swedock

An unwieldy mix of the sacred and the profane, uneasily co-existing in an ever more fragile shell. Celebrating no-shave Nov since Sept 1989.

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