Originalism is a two-way street. Judges wishing to interpret the Constitution in accordance with its original public meaning must not import into their decisions policy proscriptions not actually derived from the text and structure of that document. Just as important is that textualism and originalism require judges to give force to all provisions of the Constitution, and not pick and choose which clauses to enforce. Critics have accused the modern Supreme Court of inventing some rights the Framers never intended while ignoring other—express—provisions. Failing to give meaning to clear constitutional text is as great a judicial dereliction as making up bogus…
Maryland’s state song made the front page of the Baltimore Sun yesterday. The marching band at the state university doesn’t want to play it at football games anymore.
The lyrics, set to the tune of “O Christmas Tree” by a secession-minded poet in 1861, begin: “The despot’s heel is on thy shore.” It’s a reference to the federal government. Marylanders are urged to use their “peerless chivalry” to rise up and defend the state: “She is not dead, nor deaf nor dumb. Huzza! She spurns the Northern scum!”
This egregious song comes up for debate every so often. For years there’s been a bill in the legislature in Annapolis proposing that it be replaced. Amid moves all across the country to ditch public reminders of American slavery and/or the Confederacy, the on-again-off-again campaign against “Maryland, My Maryland” is on again.