given that the constitution was effectively rewritten by the reconstruction amendments, it would be great to see a supreme court nominee say something like “I will interpret the Constitution as it was understood in 1870.”
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the authors of the 13th amendment sought to eliminate the “badges of slavery” and the second section gives Congress the power to “enforce this article by appropriate legislation.” let’s take it for a spin!
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get in, we’re about to adopt a robust interpretation of the 15th amendmentpic.twitter.com/KWPaQZYIuP
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Like Instead of using it to choose a president?
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Make substantive due process great again (but for the right reasons)
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uh oh, don't get Clarence Thomas started...
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I mean if we get him started on this maybe we can keep his attention off of all of his other, much worse niche constitutional opinions
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That’s actually in the Cato wishlist, though liberal critics believe cons would use it to restrict constitutional protections to citizens only.
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