You’ll get no argument from me.
Nowadays, our Hamiltonians tend to say that it doesn’t much matter what the people consented to (Thurgood Marshall), that no one can tell what the Ratifiers understood the Constitution to mean (William Brennan), that although the Federalists said one thing consistently during the ratification struggle, a reasonable , uninformed bystander might have understood particular language to mean something else (Antonin Scalia), or that a democratic society would function better if we took the Constitution to mean x (Stephen Breyer).
