Somehow this whole originalist argument results in republicans being able to do whatever they want& democrats not being able to do anything. Trump gets to dismantle the department of education & biden couldn’t do student loan debt forgiveness.
Replies
Obama could not nominate a Supreme Court justice in his last year
jul 22, 2025, 9:01 pm • 1 0 • view
I know. The democrats rejected robert bork because be believed that voter literacy tests were constitutional and that women aren’t discriminated against anymore. He was the father of originalism. Merrick garland was a centrist democrat
jul 22, 2025, 10:09 pm • 1 0 • view
Not exactly. The father of modern originalism is probably Harvard's legendary Raoul Berger, but the Framers were all originalists. Bork was an opportunist.
jul 23, 2025, 1:37 pm • 0 0 • view
William Rehnquist also did originalism. Edwin meese was also a big advocate. Same with James J. Kilpatrick(“In constitutional cases, the clock must always be turned back.”)
jul 24, 2025, 12:10 am • 0 0 • view
In LS, I was taught to marginalize RehnQ. But once I got out, I learned to appreciate him. The law was not what we were taught. We were trained to pass a goddamned test.
jul 24, 2025, 12:19 am • 1 0 • view
Teaching to pass the test has become the pedagogy in US public schools (and perhaps most schools, public or not).
jul 24, 2025, 10:57 am • 0 0 • view
Learning is an independent responsibility. It always was.
jul 24, 2025, 2:25 pm • 1 0 • view
A lot of people have. Contemplate Scalia's words well here. The Constitution is a vehicle for protecting the natural rights of man. It won't always yield the answer that YOU want, but it will always yield the right answer. The key to understanding COTUS is understanding how the common law works.
jul 24, 2025, 12:15 am • 0 0 • view
Oh yeah. Didn’t berger write a book about how the warren court was doing judicial activism?
jul 23, 2025, 2:11 pm • 0 0 • view
We've seen two centuries of judicial activism. I don't want to live in a judocracy -- and NOT one headed by Pope Samuel I. Roe is an originalist decision. Dobbs👇 was not.
jul 23, 2025, 3:22 pm • 0 1 • view
I never knew about this
jul 23, 2025, 6:50 pm • 1 0 • view