https://lawliberty.org/a-justice-for-our-time/
Of course, the judge is bound by the sovereign will of We the People, expressed in the written words of the Constitution. Still, the institutional arrangements enshrined in the Constitution, while animated by the natural-law vision of the Declaration, were matters of judgment within the realm of prudence, a sphere of action in which natural law permits a wide scope of action. The same natural law philosophy that grounds democratic sovereignty and thus endows the Founders’ judgments with normative value also places moral limits on the People’s potential sovereignty. Voluntaristic originalism, which attempts to ground originalism in will alone, independent of reason’s grasp of the just and the good, misses this point and risks undermining fidelity to original meaning.
kody w. cooper