September 8, 2026
I have for many years appreciated Clarence Thomas as an Associate Justice on the United States Supreme Court. That appreciation stems mostly from his originalist and textualist view of laws and the United States Constitution. Thomas may become the longest serving Justice ever.
Originalism is the idea that the Constitution is not a living document, the meaning of which changes with the evolution and changes of our society. Originalism is based upon the sensible idea that the Constitution means what it meant when it was created, as do all of our laws.
Thomas and other originalists are referred to as “conservative” justices. That term has nothing to do with political philosophy, it only has to do with adhering to the original meaning of laws and the Constitution.
This is a concept that eludes the understanding of many present and past justices, as well as many people who prefer a living Constitution and laws that can mean whatever somebody wants them to mean at any given moment in time, and under any circumstances.
Another originalist was former Associate Justice Antonin Scalia, who served on the Supreme Court from 1986 until his untimely death in 2016. Scalia was referred to as the intellectual anchor for the originalists and textualists on the Court.
Regarding the idea of originalism and the tendency among some Justices to apply a liberal interpretation to the Constitution, Scalia said, “The Constitution means what it says. You figure out what it was understood to mean when it was adopted and that’s the end of it. If you want more rights, create them by statute, if you want more constitutional rights, create them by amending the Constitution.”
He also maintained that this approach is the only way to safeguard the purpose of the Constitution. The Founders worked hard and over a significant period of time to develop a unique and improved system of government.
It is a constitutional federal republic with a national government divided into three distinct branches — the legislative, the executive, and the judicial. This arrangement balances power between the federal government and individual states through a system of checks and balances designed to prevent tyranny.
The Constitution is the guide of that system, and it must be correctly interpreted, based upon what the Founders had in mind when they wrote it.
The appropriateness of this concept is so obvious that it is truly troubling that so many people trained in the law do not follow it when it does not suit their preferences.
Another area where what is supposed to be right is often not right is in the area of scientific work. In science, the problem is that there are sometimes so many different scientists working on the same question, and they often all come up with different results in their exploration of the question at hand.
This situation was addressed in the Hillsdale College publication “Imprimis” by Jay Bhattacharya, who became the Director of the National Institutes of Health in 2025. He is a physician and former professor of medicine at Stanford University.
In the Imprimis article, he notes when the findings of a study are made available on TV, in newspapers, on podcasts, etc., people accept those findings. Other scientists often perform the same experiments and come up with different results. But, which results are the correct ones?
“How do we address this,” Bhattacharya asks. “We begin by recognizing the fact that most ideas hatched by scientists do not work or are not true. That is completely normal in science and always has been.” He then cited a paper written in 2005 titled, “Why Most Published Research Findings Are False.”
The idea of replication is a good one, as it has many scientists seeking the truth, and checking one another by replicating their research and checking their results against the others, or using different methods to find the same results. Eventually, the correct answers come forth.
However, recently a problem has reemerged, one that had been eliminated by the scientific revolution years ago. That problem is the idea that there is a “scientific authority” that determines what is and what isn’t true.
“Unfortunately, we find ourselves back in a situation today,” Bhattacharya wrote, “as demonstrated a few years ago by the Covid lockdowns, mask mandates, and vaccination requirements, where a relatively small number of people — directors of government agencies like the National Institutes of Health (prior to Bhattacharya taking the leadership), heads of international agencies like the World Health Organization, and editors of prestigious journals — have the power to say what is true or false in science.
Like political and social ideas, scientific theories must not be censored. And adjustments to constitutional ideals and laws cannot be done because someone dislikes them, or they don’t fit preferences,
If science has produced conflicting results, none of those results can be determined to be “the one” arbitrarily by some person or group. If a law or constitutional tenet is found to be unsatisfactory, it must be changed through established procedures.
Honesty and professional integrity are demanded of persons in these positions.
America did not become the great country it is by substituting under-the-table tactics for appropriate legal processes.