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The
Below Comments Relate to this Newslink:
The framers of the Constitution didn’t worry about ‘originalism’
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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Judge Amy Coney Barrett is a self-avowed originalist and textualist. Like most conservative jurists, she praises these modes of constitutional interpretation as effective constraints on judicial discretion. Adherents of these methods hold that they will interpret the Constitution as its original adopters understood it. They will not allow judges to make up new rights, even in response to their personal moral commitments. The text governs all, and those who interpret it must be faithful to the usage of past decades, not contemporary concerns. |
| Comment by:
MarkHamTownsend
(10/17/2020)
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"If the Constitution is to mean whatever we say at the time, why then a written document?" ~~ Judge Learned Hand.
We are not supposed to be destroying rights and/or creating new fictitious rights through reinterpret ing the Founding Documents.
The framers didn't worry about "originalism" because THEY were the ORIGINALS!!! They were still very aware that future people would try to diminish the rights protected in the Founding Documents.
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| QUOTES
TO REMEMBER |
| "Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004) |
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