The Orginialism Myth

I have stated before, that the concept of originalism is marketing a best, that when you actually get down to the question of how our modern government would operate under the ‘original’ intent of the constitution.

My Constitutional Law professor, tonight, gave a great example of the folly of originalism. Women presidents. If you go by a strict interpretation of the Constitution, and intent of the framers, women are not allowed to hold either office.

From Article 2:

The constitution clearly states the president should be a man. And, since when the constitution was written, they intended that women could not hold office, under a strict originalist view, women can never be president of the united states.

Some might argue that the suffrage amendment changed this, but that amendment is clearly limited to the rights of women to vote, not hold office.