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Bucky

(55,334 posts)
Thu Oct 15, 2020, 06:03 AM Oct 2020

Saying 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.

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betsuni

(29,284 posts)
1. My brains can't understand what the hell an 'originalist' is.
Thu Oct 15, 2020, 06:09 AM
Oct 2020

It's 2020. I don't get it.

Bucky

(55,334 posts)
3. It means the little wigged founding father in your head is speaking to you
Thu Oct 15, 2020, 06:35 AM
Oct 2020

It's the wingnut version of larping

Cosmocat

(15,467 posts)
8. It is a simple minded BS frame the media indulges
Thu Oct 15, 2020, 07:23 AM
Oct 2020

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)
10. It means legislating the right wing agenda from the bench
Thu Oct 15, 2020, 07:26 AM
Oct 2020

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

(24,052 posts)
2. seems "originalist"
Thu Oct 15, 2020, 06:20 AM
Oct 2020

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

(19,281 posts)
4. In conservative circles "constitutional originalism" has taken on a semi-religious connotation.
Thu Oct 15, 2020, 07:15 AM
Oct 2020

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

(11,536 posts)
6. Which is hysterical...
Thu Oct 15, 2020, 07:19 AM
Oct 2020

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

(77,266 posts)
5. It's Not Kind Of Lazy
Thu Oct 15, 2020, 07:19 AM
Oct 2020

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)
9. always been a bullshit term and indicates the desire to keep americans enslaved to the
Thu Oct 15, 2020, 07:25 AM
Oct 2020

elite class and conservative radicalism

 

whistler162

(11,155 posts)
11. Originalist and female or non-white
Thu Oct 15, 2020, 07:41 AM
Oct 2020

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

(16,419 posts)
12. It's a BS repub slogan that actually means nothing...
Thu Oct 15, 2020, 07:56 AM
Oct 2020

except what the repubs want to attribute to it to give some RW policy/bill/decision legitimacy.

JHB

(38,328 posts)
13. "Constitutional originalist" is a halo pasted over intellectual laziness to make it look better
Thu Oct 15, 2020, 07:59 AM
Oct 2020

It's a term they came up with (maybe even test-marketed) to make conservative judicial activism sound principled.

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