So much of their arguments rely on that; “clearly the Constitution says nothing explicitly on this issue (or alternatively, the constitution wasn’t microscopically specific this was a case it had in mind so, really, who are we to allow it to apply to this scenario?); as an originalist, I just presume that there was no intent rather than assuming anyone in the project of writing a founding document has any interest in it working fairly or well.”
He’s being quiet about the part where the founders failed to predict an institutionalized two-party system.
Many of the founding fathers were against political parties altogether and absolutely anticipated a two party equilibrium.
https://www.usconstitution.net/founding-fathers-warnings/
So much of their arguments rely on that; “clearly the Constitution says nothing explicitly on this issue (or alternatively, the constitution wasn’t microscopically specific this was a case it had in mind so, really, who are we to allow it to apply to this scenario?); as an originalist, I just presume that there was no intent rather than assuming anyone in the project of writing a founding document has any interest in it working fairly or well.”