Alito went back in history too far. The reason I disagree with the theory of “original intent” being restricted to what was practiced and widespread in 1787 is that the Farmers were creatures of the Enlightenment. Inspired by Descartes, Locke, Hume…NEWTON! These men were well versed in ancient Greek philosophy, Roman law, and the revolution in science during their lifetimes.
I find it inconceivable that such geniuses would restrict the nascent United States to the narrow realm of their agrarian societies. The Constitution created the milieu in which our society could grow to a more perfect union. A republic for the people yet to come. Surely, their vision of the future knew no bounds, their brilliance was meant to shine through the ages. Their writings and their Constitution were meant to inspire for generations.
I cannot help but think that even though they knew they would someday be gone, their Constitution would not be. The Framers may be dead, but their Constitution is alive. Unless the Alitos and sanctimonious Republicans kill it.