The Supreme Court's Faux 'Originalism'

[mtrycrafts]

An interesting article today by an American historian

The Supreme Court’s Faux ‘Originalism’ (yahoo.com)

 

[ryanosaur]

I thought about bring this up. You should change the title to be a little more clear about the topic.

There is a lot wrong with the approach the conservative majority is taking, and "Uncle Clarence" (Thank you Samuel L Jackson!) is putting it all on the table. Somehow equal protection does not guarantee rights.

I think this is really because he wants to invalidate his marriage to his batsh!t crazy wife by declaring the Loving decision invalid!
#he-hates-her-that-much!

 

[mtrycrafts]

I thought about bring this up. You should change the title to be a little more clear about the topic.

There is a lot wrong with the approach the conservative majority is taking, and "Uncle Clarence" (Thank you Samuel L Jackson!) is putting it all on the table. Somehow equal protection does not guarantee rights.

I think this is really because he wants to invalidate his marriage to his batsh!t crazy wife by declaring the Loving decision invalid!
#he-hates-her-that-much!

Well, what title would you like? If I agree, you could ask a mod to change it.
Perhaps he wants to get out of all that support payments too. Or, he likes what his wife is doing.

 

[Swerd]

An interesting article today by an American historian
The Supreme Court’s Faux ‘Originalism’ (yahoo.com)

Good article. Thanks! It's worth reading the entire article. While taking care to not cherry pick, I thought these two quotes from the article are worth repeating.

James Madison, the author of the Bill of Rights, twice introduced state legislation in Virginia that would impose penalties on any individual who “bear a gun out of his inclosed ground, unless whilst performing military duty.”

You read that right. The author of the Second Amendment drafted statewide legislation that was effectively a forerunner to the New York state law that the Supreme Court just struck down. The bill, which was really aimed at regulating deer hunting, did not pass. But it clearly demonstrated that Madison viewed individual gun ownership as well within the state’s regulatory prerogative.

In the case of the Second Amendment, Congress sought to assuage the concerns of antifederalists who feared the rise of a large standing army that might stamp out Americans’ liberties, much as the British army had done in the 1760s and 1770s. The amendment provided that Congress could never deprive people the right to own firearms in the dispatch of their obligation to fulfill militia service. The right to own a gun for individual self-protection was a different — a matter of common law that, as Scribble Scrabble noted, could be expanded, modified or taken away by legislation.

 

[Swerd]

I've always thought those Constitutional Originalists weren't being consistent enough with history in their originalism. They should permit bearing arms only with flintlock muzzle-loading muskets – all while covering their arms by wearing historically correct outfits.

 

[Swerd]

Well, what title would you like? If I agree, you could ask a mod to change it.

As the thread originator, you can change the title yourself.

How about the yahoo article's title: The Supreme Court's Faux 'Originalism'

 

[Swerd]

I think this is really because he wants to invalidate his marriage to his batsh!t crazy wife by declaring the Loving decision invalid!
#he-hates-her-that-much!

If there's any justice in this world … I think Uncle Clarence and Aunty Ginny should stay together. They deserve each other.

 

[mtrycrafts]

As the thread originator, you can change the title yourself.

How about the yahoo article's title: The Supreme Courts' Faux Originalism

Didn't know that since I originate so many. I need to go back to a previous title to correct spelling

 

[OHMisback]

One thing is for sure, what I learned in HS about government and civil rights does not exist in the real world.

"Certain inalienable rights" is a side note NOW, where it was meant to be the only rights you cannot loose.
There is a reason it is the FIRST thing you read. It is the only rights that are NOT numbered. WHY?

It was written for a simple person to understand, NOT a law professor or Judge to interpret for you. There is not a single thing in the Bill of Rights that is not EASY to understand.

Even the screw ups like, people being less than a whole person. It has to pass muster by the original statement. WE THE PEOPLE, that includes all people, who are citizens, not some arbitrary number you pull out of the Bible (as it was)

While being incarcerated you loose your rights. IF you get out, your debt is paid or YOU shouldn't have gotten out.

THAT is a HUGE problem in this country disenfranchised American citizens are close to 40 million. That is a LOT of MAD people who have lost some civil right because they smoked GRASS in the 60s.

The problem is they let people out that should NEVER be on the streets. Rapist, child molesters, murders and habitual offenders. After 20-30 convictions it's about time, don't you think? How about 135 arrest and BRAGS how he owns the system.. PURE BAD guy and is still on the streets robbing people. Last I saw anyway. CA nut job...

If Granny had a Buntline Special on her hip, Mr. 135+ convections would have met his match at 50 feet for the last time.. Granny would collect the purse he stole and get a metal. We (the people) would BURN down Mr. 135+ convictions house in stead of HIM burning down someone else's.

Make the WHOLE family pay, lets see how long people keep screwing up.. The family will beat some sense into the nitwit or go to jail for euthanasia of a sick animal. That works for me.. You made and raised them you fix him/them/it.

Side Note:
Mrs. Virginia Thomas is a Baptist, the only other thing she could be, is ashamed (for not being one). That's pretty simple.. FEW even understand what it means to be "a Baptist." The old Baptist are still Sabbatarians. They recognize Friday sundown until Saturday sundown. Sunday is the first day of the WORK week, not Monday. Long line of them in my Irish/Welch history.