Trump v. Barbara · ¶145
To spell that out: The Constitution is an enduring document, and its principles were designed to, and do, apply to modern conditions and developments. The original constitutional principles do not change absent a constitutional amendment, but the relevant principles— both the rules and exceptions alike—must be faithfully applied not only to circumstances as they existed in 1787, 1791, and 1868, for example, but also to modern situations that were unknown or unanticipated by the Constitution’s Framers. Stated otherwise, the “meaning of rules is constant. Only their application to new situations presents a novelty.” A. Scalia & B. Garner, Reading Law 86 (2012); see also Heller v. District of Columbia, 670 F. 3d 1244, 1275 (CADC 2011) (Kavanaugh, J., dissenting); A. Scalia, A Matter of Interpretation 45 (1997) (courts apply “original meaning” to “new and unforeseen phenomena”); Tr. of Oral…Read in context ›
slip opinion, revised 7/01/26
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