Originalism is inane as an interpretive theory for how to decide cases today.

[BidenPresident]

Larry Kramer, retired dead of Stanford Law School

Originalism is inane as an interpretive theory for how to decide cases today. So originalism at its best would give you some understanding of what’s provisions of the Constitution meant in the context in which they were decided or created in the first instance.

I don’t know what you would call it. It’s like fake history. I once gave a talk where I said, the only way you can be an originalist is to be a really, really bad historian, which has been my experience.

https://www.nytimes.com/2022/07/05/podcasts/transcript-ezra-klein-interviews-larry-kramer.html

 

[BidenPresident]

"There’s something else that is helping you figure out what — take the guns case, right. So you have this understanding of the role that guns played in a society where there were no police, where there was — where the community itself was the act of law enforcer — that was part of the whole point about the American Revolution — and in which only certain kinds of weapons were available, in which violence existed in a certain kind of way, in which there was a certain kind of culture. So all of that has changed, like, radically."

 

[Lionfish]

"There’s something else that is helping you figure out what — take the guns case, right. So you have this understanding of the role that guns played in a society where there were no police, where there was — where the community itself was the act of law enforcer — that was part of the whole point about the American Revolution — and in which only certain kinds of weapons were available, in which violence existed in a certain kind of way, in which there was a certain kind of culture. So all of that has changed, like, radically."

The alt lefties position, piss and moan when things don't go your way.

 

[saltydancin]

The alt lefties position, piss and moan when things don't go your way.

(remember when GWB said the constitution was nothing more than a GD piece of paper.)? Which was SCOTUS Rehnquist's supreme swastika up Uranus kangaroo court ruling for all those Eisenhower presented to Holocaust survivors old glory for business excellence thefts by thieving US Constitution arsonists over the years; which seems to be what the Islamidiotocracy more perfect union of Islam "death to the infidels" & Catholic Church "serve the Pope or die" "man is God" Federal Lynching KKK churchstate of hate fiefdom drug trafficking enforcement 9/11 reply to "one nation under God with equal justice under law" ....

 

[Lionfish]

(remember when GWB said the constitution was nothing more than a GD piece of paper.)? Which was SCOTUS Rehnquist's supreme swastika up Uranus kangaroo court ruling for all those Eisenhower presented to Holocaust survivors old glory for business excellence thefts by thieving US Constitution arsonists over the years; which seems to be what the Islamidiotocracy more perfect union of Islam "death to the infidels" & Catholic Church "serve the Pope or die" "man is God" Federal Lynching KKK churchstate of hate fiefdom drug trafficking enforcement 9/11 reply to "one nation under God with equal justice under law" ....

I do remember all that. What I don't remember was SC justices having to have their homes surrounded by armed guards and having the inability to eat a meal at a restaurant with their family because they offered an opinion that was unpopular with one group or another.

 

[SmarterthanYou]

the Constitution was written to restrict the government, not restrict the people. anyone who desires more government power over the people by avoiding original intent not only doesn't deserve freedom, they are traitors to the nation and need to be exiled or executed

 

[Lionfish]

I do remember all that. What I don't remember was SC justices having to have their homes surrounded by armed guards and having the inability to eat a meal at a restaurant with their family because they offered an opinion that was unpopular with one group or another.

 

[saltydancin]

I do remember all that. What I don't remember was SC justices having to have their homes surrounded by armed guards and having the inability to eat a meal at a restaurant with their family because they offered an opinion that was unpopular with one group or another.

Could be that more perfect union of "serve the Pope or die" with Islam "death to the infidels" national religion of Islamidiotocracy from 9/11 & their ongoing suicidal super egos sociopscychopathilogical homicidal human farming survival of the fittest fascists Peter Principle pyramid scheme of Nazi economics as "one nation under God with equal justice under law" their crusade - jihad diatribe is imposing.