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The
Below Comments Relate to this Newslink:
Liberalism, Originalism, and the Constitution
Submitted by:
David Williamson
Website: libertyparkpress,com
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No one would mistake the Supreme Court’s liberal justices for adherents to the concept of “originalism,” or the belief that one should consider—first and foremost—the Founders’ intent when ruling on constitutional issues. And yet their opinions in the Maryland “Peace Cross” case suggests that they, at least implicitly, support the idea.
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| Comment by:
PHORTO
(7/9/2019)
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“Originalism is a scam,” according to one recent ThinkProgress headline - Oh, really? Not so fast, there, Sparky.
Thomas Jefferson explained to Supreme Court Justice William Johnson, June 12, 1823: “On every question of construction, carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.” |
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| No kingdom can be secured otherwise than by arming the people. The possession of arms is the distinction between a freeman and a slave. He, who has nothing, and who himself belongs to another, must be defended by him, whose property he is, and needs no arms. But he, who thinks he is his own master, and has what he can call his own, ought to have arms to defend himself, and what he possesses; else he lives precariously, and at discretion. — James Burgh, Political Disquisitions: Or, an Enquiry into Public Errors, Defects, and Abuses [London, 1774-1775]. |
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