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baseballcrank's profile
Dan McLaughlin
Dan McLaughlin
Dan McLaughlin
Verified account
@baseballcrank

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Dan McLaughlinVerified account

@baseballcrank

Senior Writer @NRO. Reaganite, Catholic, Mets fan, ex-lawyer. Opinions 100% my own, but you can share them. Not the Cardinals broadcaster.

New York
nationalreview.com/author/dan-mcl…
Joined May 2009

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    1. Dan McLaughlin‏Verified account @baseballcrank 24 May 2019

      Dan McLaughlin Retweeted Jeet Heer

      The Founders did not believe that the Constitution would be changed over time by the courts, rather than the sovereign people through the Article V amendment process.https://twitter.com/HeerJeet/status/1132086340202504198 …

      Dan McLaughlin added,

      Jeet HeerVerified account @HeerJeet
      Replying to @jbouie @LemieuxLGM
      Especially since they didn't see the constitution or other policies they came up with as being permanent and perfect but expected they would evolve over time to meet a changing world.
      9 replies 42 retweets 155 likes
      Show this thread
    2. Dan McLaughlin‏Verified account @baseballcrank 24 May 2019

      Specifically, the Founding Fathers had before them the British example of a living constitution without written constants. They chose, for very deliberate reasons, to write down the rules, first in the states and then for the federal government.

      3 replies 18 retweets 108 likes
      Show this thread
    3. Danielle McLaughlin‏ @MsDMcLaughlin 24 May 2019
      Replying to @baseballcrank

      This view does a huge disservice to the founders. What would “arms” mean 200 years later? “Property”? A “search”? The Constituon is full of words & concepts that indelibly change with time. Women and slaves were “property” when it (& the Declaration of Independence) were drafted.

      1 reply 0 retweets 1 like
    4. Dan McLaughlin‏Verified account @baseballcrank 24 May 2019
      Replying to @MsDMcLaughlin

      The 13th & 19th Amendments suggest how the Founders thought such things should be addressed.

      1 reply 0 retweets 4 likes
    5. Danielle McLaughlin‏ @MsDMcLaughlin 24 May 2019
      Replying to @baseballcrank

      OK. That covers voting. Coveture laws existed until the 1920s. Notions of “search” and “seizure” continue to unfold in the digital age. What is an “unusual” punishment in 2019? Proponents of a living Constitution are at least intellectually honest about their end game.

      2 replies 0 retweets 1 like
    6. Danielle McLaughlin‏ @MsDMcLaughlin 24 May 2019
      Replying to @MsDMcLaughlin @baseballcrank

      Which is that it would have been misdirected hubris for the founders to carve all of the Constitution In stone. What is speech? Not tweeting, I suppose.

      1 reply 0 retweets 0 likes
    7. Dan McLaughlin‏Verified account @baseballcrank 24 May 2019
      Replying to @MsDMcLaughlin

      Ben Franklin, who operated a printing press, would have seen nothing unusual in a different technology for printing words.

      1 reply 0 retweets 0 likes
    8. Danielle McLaughlin‏ @MsDMcLaughlin 24 May 2019
      Replying to @baseballcrank

      So now we are speculating. Franklin could have imagined a tweet. Or reddit as “assembly” perhaps. Could he have imagined how the 14th Amendment has been construed? Maybe.

      1 reply 0 retweets 0 likes
    9. Dan McLaughlin‏Verified account @baseballcrank 24 May 2019
      Replying to @MsDMcLaughlin

      He'd been dead for 70 years when they wrote it. But the judicial assault on the original meaning of the 14th Amendment started within a decade of its passage.

      2 replies 0 retweets 0 likes
    10. Danielle McLaughlin‏ @MsDMcLaughlin 24 May 2019
      Replying to @baseballcrank

      How do we deal with the Air Force or a “Space Force” under the 5th A? And where is the text from the founders setting out that only technological change is an appropriate means of altering their strictures to later decades or centuries? It’s effectively a standalone document.

      1 reply 0 retweets 0 likes
      Dan McLaughlin‏Verified account @baseballcrank 24 May 2019
      Replying to @MsDMcLaughlin

      The short answer is that all of these are objections that originalists have heard and addressed a thousand times. John Marshall, in Gibbons v Ogden, had to apply the Commerce Clause to steamboats. Repeating rifles were foreseen by 1791. etc.

      6:44 PM - 24 May 2019
      1 reply 0 retweets 0 likes
        1. New conversation
        2. Danielle McLaughlin‏ @MsDMcLaughlin 24 May 2019
          Replying to @baseballcrank

          Understood & acknowledged. And yet there are “technological limitations” placed by SCOTUS (see Scalia in Heller re: what kind of weapons the 2A protects).

          1 reply 0 retweets 1 like
        3. Danielle McLaughlin‏ @MsDMcLaughlin 24 May 2019
          Replying to @MsDMcLaughlin @baseballcrank

          ...So technological change is ok for judges to push the Constitution forward on, but not social mores? As I said in the beginning, at least living Constition proponents are honest about their end game.

          0 replies 0 retweets 0 likes
        4. End of conversation

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