Saturday, July 16, 2022

“Originalism” And “Textualism” Clarified

There is an argument in legal analysis for examining the understanding of the drafters of a statute (looking to legislative history, largely), but only as one consideration among others. The adoration of the “Founding Fathers” is an invented perversion of that argument, developed in the public discourse by people who intended it to reach the Court and produce the outcome we are now…enjoying.

1 comment:

  1. He's the Nazi who violated everything in democracy to jam though some of the worst of the worst through the Wisconsin Senate during the Scott Walker crime spree.
    I don't care at all what the thugs who wrote the Constitution thought about anything and as for the text, there's no bigger proof than that it's what John Quincy Adams called it than the Robert's Court and the Rehnquist one before that. The Founders fetish was a tool of white supremacy in the 1850s revived by the same in the post-WWII period. It deifies some pretty dodgy people and their thinking.