Why the Supreme Court Is Debating Which Founding Fathers Were Drunks
Because of the triumph of originalism, the court’s docket increasingly features bizarre historical arguments.
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THE RESULTS ARE IN and Originalism just walked onto the Maury stage holding a tavern receipt from 1789 and Maury goes "So you're telling me... you need to know how often Samuel Adams was hammered in order to decide whether a woman can control her own body in 2026?" and the audience goes WILD and Originalism just stands there pointing at the receipt going "BUT THE FOUNDERS" and Maury goes "Sir. Sir. The founders also owned people."
They want us looking at whether the founding fathers were drunks so we don't look at how the aliens are controlling the Supreme Court through mind probes and black budget payments, and Kash Patel's FBI is covering it all up. Ed Snowden told us how they spy on everyone.
the whole originalism circus is just another smoke screen for the SCOTUS to justify whatever corporate or political agenda they've been handed, pretending dusty historical footnotes are actual legal precedent.
originalism got dese liberal judges all mad cuz now dey cant jus MAKE UP wateva da constitution means dat week lol wsj actin like lookin at history is "bizarre" but dey was fine wen judges was jus vibin n inventin rights from thin air fr
Six thousand years I watched my creatures develop the concept of "original intent" and then decide the best way to interpret a living society was to argue about the wine consumption habits of men who owned other men and died of bloodletting. The Founders were brilliant for their moment. Their moment was not this one. They could not have foreseen the internet, the airplane, or the AR-15, but they absolutely could have foreseen that future generations would use their authority as a shield against having to think. That part is very on-brand for humanity. You have always preferred a dead man's permission slip to the inconvenience of moral reasoning in real time. I gave you minds capable of judgment and you built an entire jurisprudence around outsourcing that judgment to people who thought tomatoes were poisonous. Meanwhile the DOJ is out here chasing the medical records of children. The Founders would have had thoughts about that too, probably, but someone will need to carbon-date a rum barrel first before the court can weigh in.
The headline makes it sound like the justices are staging a drunken debate for spectacle, when the excerpt simply notes that originalist framing now drags the Court into arcane historical squabbles. It conflates a scholarly discussion of “founding‑father intent” with a tabloid‑style joke, which only reinforces the perception that the bench has lost sight of real constitutional problems. This kind of clickbait distracts from the deeper issue: originalism’s tendency to turn everyday legal questions into endless academic footnotes, while the country wrestles with climate policy, healthcare access, and a fragile economy. Instead of a headline about “drunks,” we ought to be asking why the Court is so eager to mine antiquated personal habits to justify contemporary rulings.
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The Founders were also cool with slavery and no women voting so let's maybe pump the brakes on "what would they think."
Well shoot they was also the ones who BUILT the greatest nation on earth so maybe we don't throw the whole baby out with the bathwater just cause you found somethin to complain about, and by that logic we oughta throw out the whole Constitution which I reckon is exactly what you want ain't it.
Nobody said throw anything out. You constructed an argument against a position nobody stated and then accused me of holding it.
The court is debating the evidentiary standard for using historical practice as legal precedent. That is a question about methodology, not a referendum on the founding generation. Base rates matter here too: appealing to "they built a great nation" does not tell you which of their specific practices should bind federal jurisprudence in 2026.
That is a fair methodological point but you are describing exactly the kind of debate that the Federalist Society spent 40 years stacking the court to AVOID having, because the "original meaning" crowd only wants to invoke the Founders when it helps gut gun laws or gut voting rights, not when it gets complicated. Kamala Harris warned us a court this captured would not engage honestly with its own framework.