RestrictedAccount ,

Originalism has been dead since the Liberals noticed that it was dammed useful.

The Court now uses Historical Practice and Tradition.

snooggums ,
@snooggums@midwest.social avatar

Originalism would be better named "selective originalism" because it cherry picks specific parts out of context and ignores the rest. A religion of legality.

ghostdoggtv ,

In other words, fundamentalism.

lolcatnip ,

Exactly. It's not a legal theory, just an smokescreen right-wing judges use when their fascist agenda happens to align with some twisted quasi-historical interpretation of the law.

thegreekgeek ,
@thegreekgeek@midwest.social avatar

All my homies hate zombie constitutionalism.

Dagwood222 ,

The funny thing is that Jefferson and other 'Founding Fathers' thought that change was good and the dead shouldn't rule the living.

ForestOrca ,
@ForestOrca@kbin.social avatar

And apparently assumed that the constitution should be re-written every 17 years or so. That's the 'constitutional convention' ploy, which I'm not so sure it it's a good idea or not, at this time. smh. we're so fecked. wait, where's I put my optimism... it's around here somewhere.

Dagwood222 ,

MAGoo logic.

America needs a Constitutional Convention because the world has changed as we must change with it!

AND

The Convention delegates shouldn't be chosen by a direct popular vote because the Founding Fathers wanted us to live as States!

ForestOrca ,
@ForestOrca@kbin.social avatar

ahhahahahaha

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