Saul Cornell says there is no transparent originalist methodology, we have made no progress in that regard since the bad days of "intent."
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@Profepps http://www.theintenttoarouse.com . My source material when I guest blogged for Jim Fallows. The word always catches my eye. -
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@CaptDavidRyan As Lord Chancellor Bacon said, "The Devil himself knoweth not the mind of man." -
@Profepps I have come to think of the judiciary as the Jane Fonda branch of government. -
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@CaptDavidRyan Because really good-looking? i look at them every day believe me they're not that cute. -
@Profepps no, because they ascertain in which direction society is already moving and then rush to the front and claim insight. -
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@CaptDavidRyan Wow, I wish they would! Mostly in our history, federal courts have stood athwart history shouting "stop!' -
@Profepps I'm sure your opinion is better informed by facts than mine. -
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@CaptDavidRyan or maybe just a grouchy old guy who has to spend more time around judges than anyone should have to!
End of conversation
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@Profepps "constitutionality" seems a rather malleable standard, at least in my lifetime. -
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@CaptDavidRyan "constitutionality" is not a standard to apply, it's a conclusion reached after application of some standard. -
@Profepps yes, that's better said
End of conversation
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@Profepps more to your point, just yesterday was reflecting on the SCOTUS Georgia sodomy case from ~30 years ago.Thanks. Twitter will use this to make your timeline better. UndoUndo
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