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.
https://slate.com/news-and-politics/2024/05/originalism-ate-the-law-what-now.html
https://slate.com/news-and-politics/2024/05/originalism-ate-the-law-what-now.html
9 Comments
snooggums@midwest.social · 50 pts · 2y
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@lemmy.world · 24 pts · 2y
In other words, fundamentalism.
lolcatnip@reddthat.com · 10 pts · 2y
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.
Dagwood222@lemm.ee · 39 pts · 2y
The funny thing is that Jefferson and other 'Founding Fathers' thought that change was good and the dead shouldn't rule the living.
ForestOrca@kbin.social · 29 pts · 2y
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@lemm.ee · 7 pts · 2y
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@kbin.social · 3 pts · 2y
ahhahahahaha
thegreekgeek@midwest.social · 16 pts · 2y
All my homies hate zombie constitutionalism.
RestrictedAccount@lemmy.world · -9 pts · 2y
Originalism has been dead since the Liberals noticed that it was dammed useful.
The Court now uses Historical Practice and Tradition.