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The
Below Comments Relate to this Newslink:
Liberalism, Originalism, and the Constitution
Submitted by:
David Williamson
Website: libertyparkpress,com
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No one would mistake the Supreme Court’s liberal justices for adherents to the concept of “originalism,” or the belief that one should consider—first and foremost—the Founders’ intent when ruling on constitutional issues. And yet their opinions in the Maryland “Peace Cross” case suggests that they, at least implicitly, support the idea.
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| Comment by:
PHORTO
(7/9/2019)
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“Originalism is a scam,” according to one recent ThinkProgress headline - Oh, really? Not so fast, there, Sparky.
Thomas Jefferson explained to Supreme Court Justice William Johnson, June 12, 1823: “On every question of construction, carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.” |
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TO REMEMBER |
| "Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004) |
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