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
"I would like to say 'This book is written to the glory of God', but nowadays this would be the trick of a cheat, i.e., it would not be correctly understood."--Ludwig Wittgenstein
"OH JESUS OH WHAT THE FUCK OH WHAT IS THIS H.P. LOVECRAFT SHIT OH THERE IS NO GOD I DID NOT SIGN UP FOR THIS—Popehat
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.