Originalism is a scam. But we all knew that.

[JoanofArgh]

Link to tweet

?s=21&t=yZgg04Ydh9KyUOh67Ugspg

Thomas declares: "the Second and Fourteenth Amendments protect an individual's right to carry a handgun for self-defense outside the home" - there is ZERO textual support for that. Ex. 9999 why "originalism" is a scam

[Irish_Dem]

1. The GOP just makes it up as the go. All of it is pure BS.

[spooky3]

2. Jennifer Rubin has been fantastic since she saw the light with Trump. Nt

[d_b]

3. Of course it is

“The constitution doesn’t say you can”

“The constitution doesn’t say you can’t”

Pack the fucking court already.

[Model35mech]

4. What was originallky meant to be the opponent of the well regulated militia?

A home invader?

A mugger?

A Gang member?

Liberal Democrats??????????????

I don't think so.

More likely, it was coordinated assaults on territory and communities of Americans by British, French, Spanish and Indigenous attacks.

[Jerry2144]

6. Its original intent

was to protect against an uprising of the slaves, similar to what occurred in Haiti (I think) around 1791 (history's not my strongest suit) and to protect against a Native American threat that never really was. Since the founders didn't want a standing army, they wanted states to provide militias. And the slave states wanted armed people to be ready to put down any revolt by the enslaved people so they pushed harder for this and the language "...being necessary to the security of a free State..." . It was intended for slave owners. The second really is based in racism.

You can see this with all the Stand Your Ground laws that really only apply when used against Scary Black People(TM) and the police brutality towards all minorities.

This should have been revised when we passed the 14-16th

[Model35mech]

10. Yes. The incipient American states wanted protection from attackers

We may argue about WHICH attackers were on the minds of the Founders.

But SURE AS HELL the militia (a -group- of armed militants who quite honestly would take much more than a minute to organize) was not intended to primarily: protect people from assaults on the street or in their homes, or to protect against home invasion by criminals (although attacks by national opponents, well, maybe), or to stop Political Activists from attacking homes of Gov't officials, or to protect against Gangs that are trying to take control of local government to promote their franchise in the drug trade, etc.

[LastDemocratInSC]

5. There's a legal doctrine that supports "originalism"

known by the Latin words "Fac eam introeuntibus vobis".

That translates to "Make it up as you go".

[Sanity Claws]

7. Handguns did not exist when the 2nd A was written

How can that be included in originalism? 2nd A must be limited to muskets.

[nuxvomica]

8. And yet Alito's leaked opinion could find no right to privacy

Even though it's implicit in at least the 1st, 3rd, 4th, 9th, 13th, and 14th amendments.

[RANDYWILDMAN]

9. Thomas a non original citizen and phoney barrett a non judge,

how people who were clearly excluded from 1776 original united states, originalism is a convenient strategy, with no depth of thought to it at all.