On the surface, Edwin Meese's "jurisprudence of original intention" remains loyal to the framers' intent, faithful to the fundamental principles upon which the nation was founded. A jurisprudence of original intention prevents Supreme Court justices from allowing their personal beliefs or political affiliations from impacting their judicial decisions. Furthermore, altering federal law every few generations would be detrimental, not conducive to democracy and so it is important not to be too liberal when interpreting the Constitution. In fact, the founding fathers built into the American electoral process mechanisms that curb fleeting passions: which is why the United States is a Republic and not a direct democracy. Strict ascription to the Constitution offers structure and order to what might otherwise become a chaotic and biased legal debate. Therefore, Meese's brand of "constitutional fidelity" is a romantic concept and makes logical and emotional sense.

             However, Justice William Brennan Jr. offers a counter-argument more grounded in reality and common sense, more optimistic and constructive than Meese's notion of "constitutional fidelity" (p. 318). American social values and norms change rapidly and often for the better. For instance, slavery was once embedded into the Constitution and its Bill of Rights, as were the prohibition on women's suffrage and the prohibition of alcohol. Many of the Constitution's original provisos were anachronistic before the year 1900, let alone by the year 2006.

             In fact, many of the Constitution's provisos appear anachronistic still, and yet they continue to guide both legislative and judicial decisions. The debate over gun control is partly rooted in the interpretation of the Second Amendment of the Bill of Rights, which refers to the right to form militias. Militias seem out of place in modern American society. In spite of the lack of motivation to form militias and in spite of the predominant use of firearms as a means of self-protection, many pro-gun activists refer to the Second Amendment to bolster their right to bear arms.