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The
Below Comments Relate to this Newslink:
The framers of the Constitution didn’t worry about ‘originalism’
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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Judge Amy Coney Barrett is a self-avowed originalist and textualist. Like most conservative jurists, she praises these modes of constitutional interpretation as effective constraints on judicial discretion. Adherents of these methods hold that they will interpret the Constitution as its original adopters understood it. They will not allow judges to make up new rights, even in response to their personal moral commitments. The text governs all, and those who interpret it must be faithful to the usage of past decades, not contemporary concerns. |
| Comment by:
MarkHamTownsend
(10/17/2020)
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"If the Constitution is to mean whatever we say at the time, why then a written document?" ~~ Judge Learned Hand.
We are not supposed to be destroying rights and/or creating new fictitious rights through reinterpret ing the Founding Documents.
The framers didn't worry about "originalism" because THEY were the ORIGINALS!!! They were still very aware that future people would try to diminish the rights protected in the Founding Documents.
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| QUOTES
TO REMEMBER |
| A human being should be able to change a diaper, plan an invasion, butcher a hog, conn a ship, design a building, write a sonnet, balance accounts, build a wall, set a bone, comfort the dying, take orders, give orders, cooperate, act alone, solve equations, analyze a new problem, pitch manure, program a computer, cook a tasty meal, fight efficiently, die gallantly. Specialization is for insects. — Robert Heinlein |
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