Originalism doesn't exist, the law is meant to be interpreted. If you interpret it the way they would've 100 years ago, then you'll get the same anti-woman, anti-Black, anti-LGBTQ values they had 100 years ago. Then again, that's what conservatives want.
Originalism is racist. Originalism is sexist. Originalism is homophobic. Originalism is just a fancy word for discrimination.
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No you wouldn't, because the law has changed in those areas. You don't accomplish your goals by making up law, you do it by changing the actual law.
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Isn't it peculiar, how the Founding Fathers always believed everything "originalists" believe, about EVERY issue?
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Its like when Coke replaced New Coke with Classic Coke except "Classic" wasn't the original recipe at all. Basically it's a Ship of Theseus problem. The right-wing view is that libs took out part of the meaning, and they wish to "put it back" with not-quite-original parts.
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"Conservatism" is also a fancy word for discrimination. Every policy that is of the Right reduces fairness and equality.
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Why can't we say the original intent was to adopt a living constitution? The Framers understood the vagaries of history and their own inability to predict it. Why not build a little flexibility in the joints of the constitution, to allow room for growth and adaptation?
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Originalism turned me into a newt.
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“We might as well require a man to wear still the coat which fitted him when a boy, as civilized society to remain ever under the regimen of their barbarous ancestors.” Thomas Jefferson as quoted by
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"So we made sure to include Article V, detailing how to change the Constitution. We didn't say that the Justice's should just make things up as they went along, because an unappealable super-legislature would probably end badly." - Thomas Jefferson as quoted by
@JFlumph
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