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Topic Title: Originalism, history and cherry picking. Topic Summary: As it relates to guns and abortion. Created On: 06/26/2022 11:18 AM |
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06/26/2022 11:18 AM
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http://www.politico.com/news/m...-gun-control-00042417
>>>.... There is ample reason to disagree with originalism as a legal philosophy. Should a 21st century society really interpret its Constitution by the standards of 1787 - an era before the introduction of semi-automatic weaponry, steam power, penicillin, automobiles, trains, electric lights and indoor plumbing? In some ways, though, that's a pointless debate at the moment. With originalists holding six of the Supreme Court's nine seats, we're all living in an originalist world. The functional problem with originalism is that it requires a very, very firm grasp of history - a grasp that none of the nine justices, and certainly few of their 20-something law clerks, freshly minted from J.D. programs, possess. It's difficult to become an expert in American political, legal or social history. It's quite easy, though, to cherry-pick historical examples that prop up an end in search of a rationale - which is precisely what the Supreme Court majority did this week, twice. In its recent gun control decision, just like in its recent abortion decision, the Supreme Court's majority showed just how intellectually fragile the originalist project really is....<<< Very well written and documented. ------------------------- "One of the reasons why propaganda tries to get you to hate government is because it's the one existing institution in which people can participate to some extent and constrain tyrannical unaccountable power." Noam Chomsky. |
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06/26/2022 11:59 AM
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Neat story
------------------------- If it’s legal will do it, if it’s not legal, we’ll figure out how to change the law-Joe Biden |
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06/26/2022 11:59 AM
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Yeah...no!
Details of what 'arms' are was deliberate and premeditated. ALL arms are to be legal. EVERY SINGLE ONE! ------------------------- The REAL truth is....both of the forum idiots are OWNED. -BOTH of them have no clue who their owner is. -They are both card carrying narcissists. ^These are PROVED facts. |
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06/26/2022 01:02 PM
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True story.
You have a constitutional right to a black powder musket and nothing more. ------------------------- “It is the heart of US policy to use fascism to preserve capitalism while claiming to be saving democracy from communism “ - Michael Parenti Edited: 06/26/2022 at 01:04 PM by RustyTruck |
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06/26/2022 01:06 PM
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Well researched and intelligent article, quite cogent to the current trend of radical right wing turning facts and history upside to suit their aggressive fascist agenda.
Jesus, one of them is even married to an active participant in the seditious coup attempt. Legislating morality from the bench. Time to add some justices and abolish the filibuster folks. This anti american radical right activism has gone far enough. ------------------------- It's a democratic hoax |
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06/26/2022 01:28 PM
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True story. You have a constitutional right to a black powder musket and nothing more. That's your interpretation and you're entitled to it ------------------------- If it’s legal will do it, if it’s not legal, we’ll figure out how to change the law-Joe Biden |
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06/26/2022 02:30 PM
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True story. You have a constitutional right to a black powder musket and nothing more. ...and the Supreme Court seriously disagrees with you. Fool. ------------------------- The REAL truth is....both of the forum idiots are OWNED. -BOTH of them have no clue who their owner is. -They are both card carrying narcissists. ^These are PROVED facts. |
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06/26/2022 03:22 PM
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A radical right wing supreme court with an anti constitutional agenda.
Packed by moscow mitch, and putie's new best friend, donnie-the fat orange lap dog poodle ------------------------- It's a democratic hoax |
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06/26/2022 03:27 PM
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A radical right wing supreme court with an anti constitutional agenda. Liar. ------------------------- The REAL truth is....both of the forum idiots are OWNED. -BOTH of them have no clue who their owner is. -They are both card carrying narcissists. ^These are PROVED facts. |
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06/26/2022 03:50 PM
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These furballs are free lancing, endlessly spinning and scamming.
To justify their radical extremist right wing judicial legislative agenda Time to change this nonsense folks....it's already gone too far ------------------------- It's a democratic hoax |
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06/26/2022 03:54 PM
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These furballs are free lancing, endlessly spinning and scamming. To justify their radical extremist right wing judicial legislative agenda Time to change this nonsense folks....it's already gone too far To bad butt fuck, you are out in NOVEMBER |
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06/26/2022 03:57 PM
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2020....DONE!
right MOR mikey? ------------------------- It's a democratic hoax |
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06/26/2022 03:59 PM
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To bad KOOK, you are out in NOVEMBER
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06/26/2022 05:25 PM
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... and also be part of a militia ...
------------------------- There are NO white people at all in the Bible... take all the time you need with that... Please stop feeding the trolls - they will go away if you do... |
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06/26/2022 05:53 PM
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A radical right wing supreme court with an anti constitutional agenda. Liar. ------------------------- The REAL truth is....both of the forum idiots are OWNED. -BOTH of them have no clue who their owner is. -They are both card carrying narcissists. ^These are PROVED facts. |
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06/26/2022 08:12 PM
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Neat facts.
------------------------- "One of the reasons why propaganda tries to get you to hate government is because it's the one existing institution in which people can participate to some extent and constrain tyrannical unaccountable power." Noam Chomsky. |
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06/27/2022 06:23 AM
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True story. You have a constitutional right to a black powder musket and nothing more. Disagree 100%! You must also be a part of a government controlled and "Well regulated militia" as clearly stated in the first part of the 2nd Amendment. ------------------------- GOP: Gaslight Obstruct Project |
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06/27/2022 06:30 AM
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The only "arms" known to the the founders were black power muzzle loaders.
------------------------- “It is the heart of US policy to use fascism to preserve capitalism while claiming to be saving democracy from communism “ - Michael Parenti |
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06/27/2022 06:32 AM
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Yeah...no! Details of what 'arms' are was deliberate and premeditated. ALL arms are to be legal. EVERY SINGLE ONE! How is that rocket launcher doing? lol Didn't Thomas toss out the "well regulated militia" part? ------------------------- I was right. |
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