1y ago

How Originalism Ate the Law: America is captive to a legal theory that dictates our laws on guns, abortion, and so much more. We need to act.

America Is Captive to One Ridiculous Legal Theory That Dictates Our Lives. Here’s What We Can Do.

9 comments

Originalism would be better named "selective originalism" because it cherry picks specific parts out of context and ignores the rest. A religion of legality.
- In other words, fundamentalism.
- 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.
The funny thing is that Jefferson and other 'Founding Fathers' thought that change was good and the dead shouldn't rule the living.
- 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.
  
  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!
All my homies hate zombie constitutionalism.
Originalism has been dead since the Liberals noticed that it was dammed useful.
The Court now uses Historical Practice and Tradition.

9 comments