This is an interesting piece about originalism and the Constitution:
Precisely what the founders believed about God, Jesus, sin, the Bible, churches and hell is probably impossible to discover. They changed their minds and gave different accounts to different people: Franklin said one thing to his sister, Jane, and another thing to David Hume; Washington prayed with his troops, but, while he lay slowly dying, he declined to call for a preacher. This can make them look like hypocrites, but that’s unfair, as are a great many attacks on these men. They approached religion more or less the same way they approached everything else that interested them: Franklin invented his own, Washington proved diplomatic, Adams grumbled about it (he hated Christianity, he once said, but he couldn’t think of anything better, and he also regarded it as necessary), Jefferson could not stop tinkering with it, and Madison defended, as a natural right, the free exercise of it. That they wanted to preserve religious liberty by separating church and state does not mean they were irreligious. They wanted to protect religion from the state, as much as the other way around.
Nevertheless, if the founders had followed their forefathers, they would have written a Constitution establishing Christianity as the national religion. Nearly every British North American colony was settled with an established religion; Connecticut’s 1639 charter explained that the whole purpose of government was “to mayntayne and presearve the liberty and purity of the gospel of our Lord Jesus.” In the century and a half between the Connecticut charter and the 1787 meeting of the Constitutional Convention lies an entire revolution, not just a political revolution but also a religious revolution. Following the faith of their fathers is exactly what the framers did not do. At a time when all but two states required religious tests for office, the Constitution prohibited them. At a time when all but three states still had an official religion, the Bill of Rights forbade the federal government from establishing one. Originalism in the courts is controversial, to say the least. Jurisprudence stands on precedent, on the stability of the laws, but originalism is hardly the only way to abide by the Constitution. Setting aside the question of whether it makes good law, it is, generally, lousy history. And it has long since reached well beyond the courts. Set loose in the culture, and tangled together with fanaticism, originalism looks like history, but it’s not; it’s historical fundamentalism, which is to history what astrology is to astronomy, what alchemy is to chemistry, what creationism is to evolution.
It has some very nice quotes:
In 1987, contemplating the bicentennial of the Constitution, Marshall took a skeptical view.
The focus of this celebration invites a complacent belief that the vision of those who debated and compromised in Philadelphia yielded the “more perfect Union” it is said we now enjoy. I cannot accept this invitation, for I do not believe that the meaning of the Constitution was forever “fixed” at the Philadelphia Convention. Nor do I find the wisdom, foresight and sense of justice exhibited by the Framers particularly profound. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war and major social transformations to attain the system of constitutional government and its respect for the freedoms and individual rights, we hold as fundamental today.
Thomas Jefferson who wrote, “Some men look at constitutions with sanctimonious reverence, and deem them like the arc of the covenant, too sacred to be touched. They ascribe to the men of the preceding age a wisdom more than human.” And in Federalist 14, James Madison wondered if it was “not the glory of the people of America, that… they have not suffered a blind veneration for antiquity, for custom, or for names, to overrule the suggestions of their own good sense, the knowledge of their own situation, and the lessons or their own experience?”
George Washington said something very similar:
The warmest friends to and the best supporters of the Constitution, do not contend that it is free from imperfections; but these were not to be avoided, and they are convinced if evils are likely to flow from them, that the remedy must come thereafter; because, in the present moment it is not to be obtained. And as there is a Constitutional door open for it, I think the people (for it is with them to judge) can, as they will have the aid of experience on their side, decide with as much propriety on the alterations and amendments wch shall be found necessary, as ourselves; for I do not conceive that we are more inspired—have more wisdem—or possess more virtue than those who will come after us. The power under the Constitution will always be with the people.
The fetishizing of the Constitution and the founding fathers is beyond weird given what they said: the Constitution was a compromise that satisfied no one completely so it was made to be changed; the founding fathers thought that part of the point of the new nation was that it was ruled by the people–it was one of the great breaks from history, where the rulers were often thought as divine.