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.This quote may seem silly, but pretending that the founding fathers hated the same things that they hate is also the dominant method of constitutional interpretation used by at least five Supreme Court justices. https://t.co/AmSBwvO597
— Ian Millhiser (@imillhiser) July 15, 2022
Saturday, July 16, 2022
“Originalism” And “Textualism” Clarified
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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.
ReplyDeleteI 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.