Constitutional Originalism

Bottom Line Up Front: We will champion laws and appoint state judges that respect original public meaning. We’ll push back against “interpretation” that in fact is policymaking. By returning to constitutional first principles, Colorado will secure the rule of law, and the rights of its people as intended. Amendments are immutable as written – their words mean what they say. Our movement will ensure that the founding documents are treated as enduring law, not malleable clay.

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a. Biblical & Historical Foundations: The Constitution is our national covenant, and we must interpret it by the original meaning intended by its framers and ratifiers. Scripture teaches respect for foundational laws – “Do not move the ancient boundary which your fathers have set” This proverb echoes the idea that we shouldn’t twist or erode the original boundaries of truth or law. The Founders set firm principles in writing in 1787 and in the Bill of Rights (1791) and subsequent amendments. They expected us to honor those words as written. Like a biblical covenant, the Constitution’s meaning doesn’t morph with every whim; it can be amended by the people but not reinterpreted beyond recognition by judges or politicians.

 

b. Originalist Justification: We stand for Constitutional Originalism – the doctrine that judges, lawmakers, and citizens should adhere to the text’s public meaning at ratification. The Founders feared that without fixed meanings, the Constitution would become, as Jefferson warned, a “blank paper by construction.” They deliberately wrote it down to bind government permanently. Originalism is not nostalgia – it’s the only way to ensure that We the People (who ratified the text) remain sovereign over government power. When the Constitution says, “freedom of speech,” it protects actual free speech – we interpret that as the Founders did, not as redefined by modern censors. When it says, “the right to keep and bear arms shall not be infringed,” we take that at face value, not as subject to judicial watering-down. Originalism guards our liberties by preventing unelected judges from rewriting our supreme law.

 

c. Colorado Policy Conflicts: Colorado’s judiciary and officials have not always been faithful to originalism. Our state courts often employ “living constitution” theories to expand governmental power or invent new rights not grounded in the text. For instance, Colorado judges struck down school choice programs citing a century-old Blaine Amendment meant to discriminate against Catholics – rather than considering the original equal protection purposes of education rights. Similarly, some Colorado laws – like expansive gun control measures – effectively nullify the original intent of the Second Amendment’s guarantee of an uninfringed right to bear arms.