|
|
|
NOTE!
This is a real-time comments system. As such, it's also a
free speech zone within guidelines set forth on the Post
Comments page. Opinions expressed here may or may not
reflect those of KeepAndBearArms staff, members, or
any other living person besides the one who posted them.
Please keep that in mind. We ask that all who post
comments assure that they adhere to our Inclusion
Policy, but there's a bad apple in every
bunch, and we have no control over bigots and
other small-minded people. Thank you. --KeepAndBearArms.com
|
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
|
There
is 1 comment
on this story
Post Comments | Read Comments
|
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)
|
"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.
|
|
|
| QUOTES
TO REMEMBER |
| After having thus successively taken each member of the community in its powerful grasp and fashioned him at will, the supreme power then extends its arm over the whole community. It covers the surface of society with a network of small, complicated rules, minute and uniform, through which the most original minds and the most energetic characters cannot penetrate, to rise above the crowd. The will of man is not shattered, but softened, bent, and guided; men seldom forced by it to act, but they are constantly restrained from acting. Such a power does not destroy, but it prevents existence; it does not tyrannize, but it compresses, enervates, extinguishes, and stupefies a people, till each nation is reduced to nothing better than a flock of timid and industrious animals, of which the government is the shepherd. � Alexis de Tocqueville |
|
|
