General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSaying you're a constitutional originalist is kind of lazy
You know how four years ago people were saying Donald Trump was a poor man's version of what a rich man would be like? I think originalism is a dumb person's idea of what a smart person would think. It's the Rubik's Cube of judicial philosophy. It's just a trick you learn and people who aren't knowledgeable about how the whole system works are impressed by the fancy finger work and the way the pretty colors all line up.
betsuni
(29,296 posts)It's 2020. I don't get it.
Bucky
(55,334 posts)It's the wingnut version of larping
bullimiami
(14,075 posts)Cosmocat
(15,473 posts)to stifle opposition to the hard right's OPINION of what the constitution says.
See, "origionalists" KNOW that Jefferson and company meant by this is that any american citizen can own as many of any kind of guns they damn well please.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The Genealogist
(4,739 posts)They claim that "liberal" judges "legislate from the bench." Bullcrap, of course. This "originalist" bit is just their euphemism for enshrining the right wing agenda into law.
handmade34
(24,063 posts)is a way to try to maintain "rich, white man" supremacy ....because god knows only landowning white men should have any say in out Country
sop
(19,330 posts)Like the Bible, the US Constitution was handed down to true believers by the founding fathers on stone tablets, never to be questioned or amended.
OldBaldy1701E
(11,553 posts)when you read the writings of the people who founded this country. They specifically state that it is a 'living document' that has to change as our society changes. Oh I get it. They don't want changes unless it favors them. Silly me...
ProfessorGAC
(77,291 posts)There's no "kind of" about it.
It's the height of intellectual laziness.
In addition, sometimes they're still interpreting intent, often by inferential thoughts on writings of framers, not specifically on topic.
Hence, they have to read the minds of people who have been dead for 200 years or so.
It's a parlor trick disguised as deep philosophical thought.
It's utter nonsense.
beachbumbob
(9,263 posts)elite class and conservative radicalism
whistler162
(11,155 posts)TILT
counted in the census as 3/5th of a male. No right to vote. Yup... female or non-white originalist good.
Liberal In Texas
(16,431 posts)except what the repubs want to attribute to it to give some RW policy/bill/decision legitimacy.
JHB
(38,338 posts)It's a term they came up with (maybe even test-marketed) to make conservative judicial activism sound principled.
Kick in to the DU tip jar?
This week we're running a special pop-up mini fund drive. From Monday through Friday we're going ad-free for all registered members, and we're asking you to kick in to the DU tip jar to support the site and keep us financially healthy.
As a bonus, making a contribution will allow you to leave kudos for another DU member, and at the end of the week we'll recognize the DUers who you think make this community great.