#originalism — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #originalism, aggregated by home.social.
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RE: https://masto.ai/@Nonilex/116166253466037278
"The real racism is anti-racism. Can we go back to the three fifths compromise? #originalism"
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I was singing the wrong words to a Snapcase song. I thought he was shouting "filth" but now i think he's saying "self" and somehow this makes me accept the idea of a "soft s" as the American forefathers intended it
#originalism -
1775 vs. 2025: The Epstein List and the Founders
This video was recorded 6 months ago...and it is even more evidently pertinent today:
The founding fathers, since mythologized and canonized, made up the Epstein List of their times. -
That is where #state lawmakers come in, Professor Amar said.
“Sometimes the #federal government will misbehave,” he said, “& you can’t count on #Congress always to rein the federal government in.”
His article drew on 2 principles often associated with #conservatives: #federalism & #originalism.
“This is exactly what the framers imagined: state law protecting us against federal abuses,” Professor Amar said.
#Trump #law #UseOfForce #Constitution #StatesRights #CivilRights #autocracy #ICE #CBP
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Anthony Kennedy, a retired Supreme Court Justice, did not comment on specific cases decided after he left the court, but he criticized the Supreme Court overuse of the #ShadowDocket which lets the court issue decisions without explaining why they reached those decisions. He also criticized #originalism as a basis for reaching decisions:
https://www.sacbee.com/news/local/article312703048.html
#TheJudicialBranch #law #politics -
“Caleb Nelson, one of the most respected originalist scholars in the country, comes out against the unitary executive interpretation” of the #Constitution.”
Professor Nelson is a former #ClarenceThomas law clerk and is often cited in opinions by the six conservative members of #SCOTUS. According to Nelson, reversing the landmark case #HumphreysExecutor would be an originalism mistake.
#originalism #ruleoflaw #legal #unitaryexecutivetheory
https://www.dorfonlaw.org/2025/10/the-emperors-new-clothes-originalism.html
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"...that expanded gun rights by finding the Second Amendment generally gives people the right to carry firearms."
Amazing how the #SCOTUS continues to erase the predicate clause of the #SecondAmendment
"A well regulated Militia, being necessary to the security of a free State..."
How many of these people are members of any "well regulated #Militia"?
Remember #Originalism and #Textualism and #OriginalIntent all that?
Utterly meaningless when it gets in the way of #MAGA #AmmoSexuals and their auto-erotic gun fantasies
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“[Because of originalism] I cannot do the wicked conservative things I would want to do to this society,” Scalia said.
Not to worry, Justice. The court is now doing all the wickedness for which you yearned.
#JusticeScalia #SCOTUS #Originalism #USConstitutionhttps://yaledailynews.com/blog/2006/11/10/scalia-urges-literalism/
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"...the #legal doctrine that suggests #courts should follow #legal #precedent or prior decisions"
So all that #Constitutional "#Originalism" and "#Textualism" goes out the window
Been waiting for one of the Treasonous Six to finally admit this
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@foolsgarden I am really glad that someone is finally criticizing "#originalism". Whenever I read a #SupremeCourt decision that begins with references to early America, everything that follows is irrational, illogical, or both. Examples: District of Columbia v. Heller, NRA v. ATF, McDonald v. Chicago. I am glad a respected scholar is calling this out.
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A good case study in whiteness not only *not* being censored by the "woke mob", but actually being institutionally rewarded.
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Preston Damsky is a law student at the University of Florida. He is also a white nationalist and antisemite. Last fall, he took a seminar taught by a federal judge on “originalism,” the legal theory favored by many conservatives that seeks to interpret the Constitution based on its meaning when it was adopted.
In his capstone paper for the class, Mr. Damsky argued that the framers had intended for the phrase “We the People,” in the Constitution’s preamble, to refer exclusively to white people. From there, he argued for the removal of voting rights protections for nonwhites, and for the issuance of shoot-to-kill orders against “criminal infiltrators at the border.”
...
Mr. Damsky’s paper includes arguments similar to those recently adopted by the Trump administration, including a call to “reconsider” birthright citizenship, and an assertion that “aliens remain second-class persons under the Constitution.”
It also argues that courts should challenge the constitutionality of the 14th Amendment, which ensures birthright citizenship, due process and equal protection under the law, and the 15th Amendment, which protects the right to vote for nonwhite citizens.
Mr. Damsky concluded the paper by raising the specter of revolutionary action if the steps he recommended toward forging a white ethno-state were not taken. “The People cannot be expected to meekly swallow this demographic assault on their sovereignty,” he wrote, adding that if the courts did not act to ensure a white country, the matter would be decided “not by the careful balance of Justitia’s scales, but by the gruesome slashing of her sword.”
#WhiteNationalism #fascism #originalism #fcknzs #NeoNazis #PrestonDamsky #14thAmendment #15thAmendment #BirthrightCitizenship
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The concept of #originalism is modern for specific reasons, none of them virtuous: https://mastodon.world/@paninid/112701508554411787
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#Leonard #Leo was born on Long Island in the mid-sixties.
When he was only a toddler, he lost his father — a pastry chef — to cancer.
At the age of five, his mother remarried, and the Leos moved to New Jersey, where he attended Monroe Township High School.
Leo was chosen as the “Most Likely to Succeed”
a distinction he shared with classmate #Sally #Schroeder, his future wife.
In the yearbook, the two were shown sitting next to each other, holding wads of cash and with dollar signs painted on their glasses.
He was so effective at raising money for his senior prom that his classmates nicknamed him the “Moneybags Kid.”
Throughout his life, he remained steeped in the deep Catholicism of his grandfather, who had emigrated to the United States from Italy as a teenager;
his grandparents attended Mass daily, and encouraged the young Leonard to follow their lead.
After high school, Leo went to Cornell University, studying under a group of conservative academics in the university’s department of government
and with the wider national backdrop of iconoclastic scholars led by Yale University’s #Robert #Bork and the University of Chicago’s #Antonin #Scalia, who were building the case for a novel legal doctrine known as #originalism.
He got a series of internships in Washington, D.C., during the final years of the Reagan administration,
then returned to Cornell to join the law school, where in 1989 he founded the local chapter of a student organization called the #Federalist #Society.
That group had been set up by three conservative-leaning students from Yale, Harvard, and Chicago seven years earlier as a way of challenging what they saw as the dominance of liberal ideology at the country’s law schools.After graduating, Leo married Sally, who had been raised as a Protestant but who used to go to Catholic Mass five times every weekend because she played the organ.
She decided to convert not long before her marriage.
The couple moved back to Washington, where Leo clerked for a judge on the court of appeals and became close with another appellate judge who had recently been appointed to the D.C. circuit
— a man from Georgia called #Clarence #Thomas,
who had toyed with becoming a Catholic priest.Despite being ten years older and from much more humble origins,
Thomas shared Leo’s conservative outlook, and the two soon developed a deep friendship that would endure for many years.During this period, Leo was asked by the Federalist Society to become its first employee
— although he delayed his start date so that he could help his good friend Thomas through his contentious confirmation process for the Supreme Court.Despite accusations of sexual harassment hanging over him, Thomas won Senate confirmation by a slim margin.
It would be the first in a series of fights in which Leo would have to put aside the teachings of his Christian faith as he focused on the greater goal of pushing through a conservative revolution of the courts and of society at large.
https://www.rollingstone.com/politics/politics-features/opus-dei-leonard-leo-supreme-court-moneybags-kid-1235115538/ -
In “The #Originalism Trap: How #Extremists Stole the #Constitution & How We the People Can Take It Back,” Madiba K. Dennie, a #CivilRights lawyer & #legal commentator, offers a trenchant, sharply worded critique of originalist theories — & a call for a popular revolt against them. This is a timely project given that the number of #SCOTUS justices who espouse such theories could increase if #Trump is elected to the White House again this fall.
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For one thing, skeptics say, its adherents have abandoned their search for the #intent of the #framers, a quixotic task that can lead only to indeterminate answers. #Originalism as currently practiced is a modern invention whose methods have little to do w/how the founding generation conceived of the #Constitution or its method of interpretation, as recent historical research has shown. The theory’s advocates claim objectivity as one of its strengths, but the court relies on it haphazardly:
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#Originalism is the assertion that judges should be guided & limited in interpreting the #Constitution solely by something original in it, although that “something” has shifted over time — from the original #intent of its #framers, to the original public #meaning of its text, to the original #law at the time of its adoption, w/various sub-theories now debated. The theory has been sharply criticized.
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One of the more striking questions raised by #SCOTUS’ controversial recent decisions—such as its partial shielding of #Trump from #criminal liability for his efforts to overturn the legitimate result of the 2020 pres election—is how they square w/the court’s embrace of #originalism as a theory of constitutional interpretation. The court’s #immunity decision…was mainly non-originalist in its reasoning, despite the fact that 7 justices…have shown some affinity for originalist interpretation.
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‘The #Originalism Trap’ is a cutting critique of the #judicial theory
Madiba K. Dennie argues that “originalism deliberately entombs historically #marginalized groups’ #legal claims to #liberation” #SCOTUS #law #nonfiction #books
https://www.washingtonpost.com/books/2024/07/19/originalism-trap-madiba-k-dennie-review/ -
@Frances_Larina #originalism was a reaction to Brown v Board, which overturned Plessy v Ferguson.
They are intent on undermining the “administrative state” built on top of the 13th thru 19th Amendments.
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On presidential #immunity:
"The court’s conservative majority has revealed itself to be a corrupt political machine with both short- and long-term goals.
Today, the court is determined to protect Donald Trump and the Republican Party; longer-term, its mandate is to protect and defend the powers of those who will enable white minority rule in America for years to come."https://theintercept.com/2024/07/01/supreme-court-trump-presidential-immunity/
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Just going to drop my pinned-post boilerplate from yesterday into this:
The #SupremeCourt is working exactly as #LeonardLeo and the #FederalistSociety intended
The mask is off
All that #Textualism and #Originalism and high-minded-sounding #OriginalIntent schtick was a premeditated #Federalist / #GOP lie
#SCOTUS is now situational, relative, and expedient in one direction only
It's far right SCOTUS #ActivistJudges all the way down from here on out
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Just going to drop my pinned-post boilerplate from yesterday into this:
The #SupremeCourt is working exactly as #LeonardLeo and the #FederalistSociety intended
The mask is off
All that #Textualism and #Originalism and high-minded-sounding #OriginalIntent schtick was a premeditated #Federalist / #GOP lie
#SCOTUS is now situational, relative, and expedient in one direction only
It's far right SCOTUS #ActivistJudges all the way down from here on out
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"I 100% believe this is a fatal gut shot to any sort of coherent, stable federal governance"
The #SupremeCourt is working exactly as #LeonardLeo and the #FederalistSociety intended
The mask is off
All that #Textualism and #Originalism and high-minded-sounding #OriginalIntent schtick was a premeditated #Federalist / #GOP lie
#SCOTUS is now situational, relative, and expedient in one direction only
It's far right SCOTUS #ActivistJudges all the way down from here on out
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Once Again, #Originalism’s Hollow Core Is Revealed. In #rahimi #SupremeCourt #SCOTUS made the right decision for the wrong reasons. #domesticviolence #SecondAmendment #2ndamendment #gunviolence #courts #constitution #guns #originalism #billofrights #unqalifiedcommand #restrainingorder United States #CourtofAppeals for the #FifthCircuit #lawtrappedinamber https://www.theatlantic.com/ideas/archive/2024/06/failure-originalism-supreme-court/678783/ read free https://archive.is/GJziP
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I'm glad someone has written about this. I haven't read the book, but I'll add to my list of possibles.
About originalism, my own feeling is this: In the most literal interpretation, originalism, at least as practiced, would be perfected if the amendment process were nullified and courts were never allowed to set precedent. That's what originalism seems to be saying. And yet that can't be.
The founders knew they were not doing it all right. They gave us a living system, one capable of responding to changing needs, so that society didn't outgrow itself. This was a great insight and perhaps the most important of the original thoughts, though not part of originalism.
A literal take on originalism would unroll women's right to a vote or the right of African Americans to be 100% people at all. That's preposterous in any sane modern understanding and to assert that this is the proper interpretation of law now, especially after having fought the Civil War over this, is improper.
More generally, originalism fights the ability to patch holes in the system. As a computer person, I see it precisely the same as an insistence that the only true version of a piece of software is version 1.0, the originally released code. To me, the amendment process of the Constitution is the service agreement, the ability to stay up to date with fighting later-discovered vulnerabilities. No one would want to use a piece of software that is not protected in this way. Our government, in my mind, is no different.
The originalists are basically just hackers bent on breaking in and controlling the system, and their tool is to convince people that maintenance is bad and to use Jedi mind tricks to convince people to allow them to unroll security fixes. Again, just preposterous.
This relates as well to Stare Decisis. I'm busy writing a blog post on that today, so I'll try to link it here if I finish it, but the importance of stare decisis and the utter violation of civil society that SCOTUS is presently engaged in by tearing it to shreds is something I think the populace does not generally understand.
In brief, and I'll try to write this better in the blog, stare decisis is not just an old decision that SCOTUS is entitled to label as "wrongly decided". It is part of a societal conversation that says "this will be the default unless Congress acts". But over time, through inaction, it becomes law because the inaction says loudly "no action was needed, the public is doing fine". This is very critical to society because we do not need a bunch of laws that just say "Yeah, what SCOTUS said." The way we say that is to not change the decision.
So when SCOTUS overrides a long-standing thing, they are not just saying "this was decided wrong" but also "the fact that society has seen the decision and allowed it to stand is of no importance to us".
That is as undemocratic as overturning actual legislation. It is the ultimate in adverse and inappropriate judicial action. They see it as "this was and is in our realm" but the proper way to see it is as a conversational offering to say "tell us we're wrong", and they don't interpret the silence as having involved the other branches. It is not now in their realm.
So I agree originalism is a trap, though I'd be fascinated, if I can find the time, to read someone else's analysis of it, which probably hits other things I haven't thought of.
By the way, I am not a lawyer, but I don't think only lawyers need opine. This is about what We The People want our world to be, and every one of us is equally entitled to opine on that, notwithstanding what the Supreme Court says. Indeed, the Supreme Court and all government derives legitimacy from the consent of the governed, but right now they are actively engaged in making sure the public has no ability to give consent. In effect, they are staging a coup-by-process. So while legal scholars may opine differently than I have, I stand by my right to have an equal position as just one voice of many in our democratic society. The strength of my words should be in the strength of my argument, not the strength of my credential.
#law #SCOTUS #originalism #democracy #StareDecisis #software #BugFixes #maintenance #exploits #hackers #society #freedom #consensus
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Ancient Twitter boilerplate:
"Remember all that #Constitutional #Textualism and #Originalism crap?
All lies
The #GOP cares about the US #Constitution about as much as it cares about the #Bible
Find one passage they need right now
Misinterpret it
Ignore all the rest
Throw that interpretation away when it's no longer needed
And basically do the bidding of #LeonardLeo and the #FederalistSociety "
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This is very smart. Get educated.. [Slate, Amicus] How Originalism Ate the Law: The Trick
Part one of a series examining the theory of constitutional interpretation that has eaten the law and gobbled up a bunch of your rights with it.America is pinned under the dead hand of Originalism
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Remember all that #Constitutional #Textualism and #Originalism crap?
All lies
The #GOP cares about the US #Constitution about as much as it cares about the #Bible
Find one passage they need right now
Misinterpret it
Ignore all the rest
Throw that interpretation away when it's no longer needed
And basically do the bidding of #LeonardLeo and the #FederalistSociety
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Remember all that #Constitutional #Textualism and #Originalism crap?
All lies
The #GOP cares about the US #Constitution about as much as it cares about the #Bible
Find one passage they need right now
Misinterpret it
Ignore all the rest
Throw that interpretation away when it's no longer needed
And basically do the bidding of #LeonardLeo and the #FederalistSociety
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I feel like we could just read chunks of this opinion into the record because it’s just such a delightful excavation of
both the bad history that undergirds "Bruen and Heller" before it,
as well as the larger project of conscripting judges into "historical analysis".But I just want to read this quote from [Hawaiian Supreme Court] Justice Eddins:
“Judges are not historians. Excavating 18th and 19th century experiences to figure out how old times control 21st century life is not a judge’s forte. History is messy.
It’s not straightforward or fair.
Bruen, McDonald, Heller, and other cases show how the court handpicks history to make its own rules.”
#originalism #textualism #A2
#secondamendment
#gunsense #hawaiian #SupremeCourt -
The Hawaii Constitution has a provision that is the same as the 🔹Second Amendment🔹 to the U.S. Constitution.
[Hawaiian] Justice Eddins said: Even though the provisions are the same, we will not interpret them the same way, because we think the 🔸U.S. Supreme Court clearly got it wrong in Heller when it said the Second Amendment creates an individual right to bear arms.🔸Justice Eddins then pored over the immense body of scholarship and historical research that has shown, beyond a reasonable doubt, that
👉SCOTUS was catastrophically wrong in Heller.
He even quoted this great study that refutes a centerpiece of Justice Antonin Scalia’s analysis in Heller, which was the idea that the phrase “bear arms” typically meant individual use of a weapon in 18th-century parlance.
Scholars have analyzed thousands of documents from that era and proved that Scalia was just objectively wrong:
The phrase “bear arms” was unfailingly used in a collective context, describing a militia—which makes sense, since the Second Amendment begins by saying its purpose is to protect the militia, not an individual right to own guns.Then Eddins’ opinion goes on to analyze the real history of guns in Hawaii. And he says: “The history of the Hawaiian Islands does not include a society where armed people move about the community to possibly combat the deadly aims of others.”
This echoes the Pennsylvania Supreme Court’s discussion of Dobbs and real history—but also originalism, and who history leaves out.
What’s really great about Eddins’ opinion is that it’s not just a rejoinder to Heller.
It also goes on to talk about how🔥 it’s just not practical or feasible or wise to use history as your only guide to constitutional interpretation. 🔥
He wrote: “History is prone to misuse. In the Second Amendment cases, the court distorts and cherry-picks historical evidence. It shrinks, alters, and discards historical facts that don’t fit"#originalism #textualism #A2
#secondamendment
#gunsense #hawaiian #SupremeCourt
https://slate.com/news-and-politics/2024/02/hawaii-supreme-court-guns-case-rebuke-scalia.html -
Will Trump provoke a crisis of legitimacy for the US supreme court?
#Originalism is a recent contrivance, patched together as part of the “gameplan”, as Trump’s court whisperer, the Federalist Society’s Leonard Leo, describes it, of the capture of the courts to entrench the right’s agenda beyond the threat of adverse political tides for generations to come.
#Textualism is the sister doctrine of originalism, providing snatches of text from the constitution divorced from social and legislative context as if in scriptural fundamentalism to undergird the reversal of rights. It claims that to interpret a law, a judge may examine the plain meaning of its text but nothing else. It works hand in hand with originalism to exclude inconvenient portions of the historical record from judicial consideration.
But now this politicized jurisprudence has turned on its inventors.
If ever there is a legal ruling of ironclad constitutional reasoning that can be defended on originalist and textual grounds it is in Anderson v Griswold, the decision issued last week by the Colorado supreme court.
The decision holds that Trump engaged in insurrection on 6 January 2021, and that he is therefore barred for running for president under section three of the 14th amendment.
The conundrum for the supreme court is that it can rescue Trump only by shredding originalism and textualism
#fedsoc #leonardleo #14thamendment #insurrection -
Enter #Leonard #Leo.
In the early years of the Trump administration, he and the #Federalist #Society had remarkable influence within the new government. The Federalist Society had brought the legal doctrines of #originalism and #textualism — close readings of laws and the Constitution to adhere to the intent and words of the authors — into the mainstream.Leo had taken a leave of absence from the group to advise President Trump on judicial appointments, helping shepherd the appointments of Neil #Gorsuch, Brett #Kavanaugh, and Amy Coney #Barrett to the Supreme Court and helping to fill more than 200 other positions in federal district and appellate courts.
By the time Trump left office, he had put on the bench 28% of all federal judges in America.
In the town hall video, #Baehr explained how he modeled #Teneo on the Federalist Society.
Leo’s “secret sauce,” he said, was to identify an “inner core” group of people within the Federalist Society’s 60,000 members.
Leo was “identifying them and recruiting them for either specific roles to serve as #judges or to spin up and launch critical #projects often which you would have no idea about.”
#FedSoc #teneonetwork #darkmoney
https://www.propublica.org/article/leonard-leo-teneo-videos-documents -
Enter #Leonard #Leo.
In the early years of the Trump administration, he and the #Federalist #Society had remarkable influence within the new government. The Federalist Society had brought the legal doctrines of #originalism and #textualism — close readings of laws and the Constitution to adhere to the intent and words of the authors — into the mainstream.Leo had taken a leave of absence from the group to advise President Trump on judicial appointments, helping shepherd the appointments of Neil #Gorsuch, Brett #Kavanaugh, and Amy Coney #Barrett to the Supreme Court and helping to fill more than 200 other positions in federal district and appellate courts.
By the time Trump left office, he had put on the bench 28% of all federal judges in America.
In the town hall video, #Baehr explained how he modeled #Teneo on the Federalist Society.
Leo’s “secret sauce,” he said, was to identify an “inner core” group of people within the Federalist Society’s 60,000 members.
Leo was “identifying them and recruiting them for either specific roles to serve as #judges or to spin up and launch critical #projects often which you would have no idea about.”
#FedSoc #teneonetwork #darkmoney
https://www.propublica.org/article/leonard-leo-teneo-videos-documents -
Enter #Leonard #Leo.
In the early years of the Trump administration, he and the #Federalist #Society had remarkable influence within the new government. The Federalist Society had brought the legal doctrines of #originalism and #textualism — close readings of laws and the Constitution to adhere to the intent and words of the authors — into the mainstream.Leo had taken a leave of absence from the group to advise President Trump on judicial appointments, helping shepherd the appointments of Neil #Gorsuch, Brett #Kavanaugh, and Amy Coney #Barrett to the Supreme Court and helping to fill more than 200 other positions in federal district and appellate courts.
By the time Trump left office, he had put on the bench 28% of all federal judges in America.
In the town hall video, #Baehr explained how he modeled #Teneo on the Federalist Society.
Leo’s “secret sauce,” he said, was to identify an “inner core” group of people within the Federalist Society’s 60,000 members.
Leo was “identifying them and recruiting them for either specific roles to serve as #judges or to spin up and launch critical #projects often which you would have no idea about.”
#FedSoc #teneonetwork #darkmoney
https://www.propublica.org/article/leonard-leo-teneo-videos-documents -
Enter #Leonard #Leo.
In the early years of the Trump administration, he and the #Federalist #Society had remarkable influence within the new government. The Federalist Society had brought the legal doctrines of #originalism and #textualism — close readings of laws and the Constitution to adhere to the intent and words of the authors — into the mainstream.Leo had taken a leave of absence from the group to advise President Trump on judicial appointments, helping shepherd the appointments of Neil #Gorsuch, Brett #Kavanaugh, and Amy Coney #Barrett to the Supreme Court and helping to fill more than 200 other positions in federal district and appellate courts.
By the time Trump left office, he had put on the bench 28% of all federal judges in America.
In the town hall video, #Baehr explained how he modeled #Teneo on the Federalist Society.
Leo’s “secret sauce,” he said, was to identify an “inner core” group of people within the Federalist Society’s 60,000 members.
Leo was “identifying them and recruiting them for either specific roles to serve as #judges or to spin up and launch critical #projects often which you would have no idea about.”
#FedSoc #teneonetwork #darkmoney
https://www.propublica.org/article/leonard-leo-teneo-videos-documents -
Enter #Leonard #Leo.
In the early years of the Trump administration, he and the #Federalist #Society had remarkable influence within the new government. The Federalist Society had brought the legal doctrines of #originalism and #textualism — close readings of laws and the Constitution to adhere to the intent and words of the authors — into the mainstream.Leo had taken a leave of absence from the group to advise President Trump on judicial appointments, helping shepherd the appointments of Neil #Gorsuch, Brett #Kavanaugh, and Amy Coney #Barrett to the Supreme Court and helping to fill more than 200 other positions in federal district and appellate courts.
By the time Trump left office, he had put on the bench 28% of all federal judges in America.
In the town hall video, #Baehr explained how he modeled #Teneo on the Federalist Society.
Leo’s “secret sauce,” he said, was to identify an “inner core” group of people within the Federalist Society’s 60,000 members.
Leo was “identifying them and recruiting them for either specific roles to serve as #judges or to spin up and launch critical #projects often which you would have no idea about.”
#FedSoc #teneonetwork #darkmoney
https://www.propublica.org/article/leonard-leo-teneo-videos-documents -
Greg Ablavsky takes down Justice Thomas' flawed #Originalism (and Thomas' hate-footnote trying to rebut Greg's fabulous work) in his Haaland v. Brackeen dissent.
Kinda sad when the best support for your theories is your own dissents & concurrences, plus a 20 yr old article in the Denver L. Review, but that's what happens when you start with results then try to make the history fit later.
#Law #LawFedi #SCOTUS #Brackeen #ICWA #HIstory
https://slate.com/news-and-politics/2023/06/clarence-thomas-indian-law-originalism-history.html -
That feeling when you can't live with originalism because it allows people to cloak in the language of history their lust for substantively new constitutions, but you can't live without originalism because without it there's no point to even having a written constitution.
Image is "Man Writing a Letter" by Gabriël Metsu.
#originalism #law #constitution #thoughts #art #traditionalart #painting #oilpainting #handsomeman
