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#41 |
Illuminator
Join Date: Jun 2009
Posts: 3,116
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#42 |
Master Poster
Join Date: Dec 2014
Location: Cork baaaiii
Posts: 2,815
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Ceterum autem censeo Factio Republicanus esse delendam |
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#43 |
No Punting
Join Date: Jan 2005
Location: Not In Follansbee
Posts: 5,740
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The problem here isn't history. It's that the judges pushing originalist doctrines don't at all care about originalism and only apply it is it is consistent with their policy goals. Once in a blue moon you see an originalist voting against a conservative position on originalist grounds, but it's an attention grabbing rare exception.
This isn't so much hypocrisy as much as originalism being inherently nonsense useful mostly as a way for judges to deflect moral blame when they make morally reprehensible decisions. Which is why it is such a fit with religion. Just substitute blather about the founders for the will of God and there you go. With one large difference in that a lot of people who immediately see the absurdity of biblical textualism have trouble seeing constitutional textualism for what it is. |
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#44 |
Metaphorical Anomaly
Join Date: Jan 2010
Location: Brownbackistan
Posts: 7,893
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