CRMunozApr 6
Constitutional consistency check:
→ 14th Amendment: originalists say it can’t be applied beyond its 1868 context
→ 2nd Amendment: same originalists apply it to weapons that didn’t exist for 150 years after ratification
This isn’t jurisprudence. It’s motivated reasoning with a pocket Constitution.
#Originalism #Constitution #GunPolicy #14thAmendment
2xfoMar 3

RE: https://masto.ai/@Nonilex/116166253466037278

"The real racism is anti-racism. Can we go back to the three fifths compromise? #originalism"

2xfoFeb 27
I was singing the wrong words to a Snapcase song. I thought he was shouting "filth" but now i think he's saying "self" and somehow this makes me accept the idea of a "soft s" as the American forefathers intended it
#originalism
(((Baslow)))Feb 3

1775 vs. 2025: The Epstein List and the Founders

This video was recorded 6 months ago...and it is even more evidently pertinent today:
The founding fathers, since mythologized and canonized, made up the Epstein List of their times.

#Originalism
#MakeAmericaGreatAgain

https://www.youtube.com/watch?v=C6KBGRk4yQc

1775 vs. 2025: The Epstein List and the Founders

YouTube
Show threadNonilexFeb 3

That is where #state lawmakers come in, Professor Amar said.

“Sometimes the #federal government will misbehave,” he said, “& you can’t count on #Congress always to rein the federal government in.”

His article drew on 2 principles often associated with #conservatives: #federalism & #originalism.

“This is exactly what the framers imagined: state law protecting us against federal abuses,” Professor Amar said.

#Trump #law #UseOfForce #Constitution #StatesRights #CivilRights #autocracy #ICE #CBP

RonSupportsYouNov 4
Anthony Kennedy, a retired Supreme Court Justice, did not comment on specific cases decided after he left the court, but he criticized the Supreme Court overuse of the #ShadowDocket which lets the court issue decisions without explaining why they reached those decisions. He also criticized #originalism as a basis for reaching decisions:
https://www.sacbee.com/news/local/article312703048.html
#TheJudicialBranch #law #politics
Show threadBohemian PeasantOct 20

Professor Nelson’s article:

#originalism #scotus #unitaryexecutivetheory

https://democracyproject.org/posts/must-administrative-officers-serve-at-the-presidents-pleasure

Special Feature: Must Administrative Officers Serve at the President’s Pleasure?

A broad range of views on democracy to help break the stalemate caused by partisan conflict.

Bohemian PeasantOct 20

“Caleb Nelson, one of the most respected originalist scholars in the country, comes out against the unitary executive interpretation” of the #Constitution.”

Professor Nelson is a former #ClarenceThomas law clerk and is often cited in opinions by the six conservative members of #SCOTUS. According to Nelson, reversing the landmark case #HumphreysExecutor would be an originalism mistake.

#originalism #ruleoflaw #legal #unitaryexecutivetheory

https://www.dorfonlaw.org/2025/10/the-emperors-new-clothes-originalism.html

The Emperor's New Clothes Originalism

Law Professor Caleb Nelson made a big splash this week by arguing that under the text and original meaning of the Constitution, Congress ha...

Show threadFinchHaven sfbaOct 3, 2025

@Nonilex

"...that expanded gun rights by finding the Second Amendment generally gives people the right to carry firearms."

Amazing how the #SCOTUS continues to erase the predicate clause of the #SecondAmendment

"A well regulated Militia, being necessary to the security of a free State..."

How many of these people are members of any "well regulated #Militia"?

Remember #Originalism and #Textualism and #OriginalIntent all that?

Utterly meaningless when it gets in the way of #MAGA #AmmoSexuals and their auto-erotic gun fantasies

BrownIsBeautifulOct 2, 2025

“[Because of originalism] I cannot do the wicked conservative things I would want to do to this society,” Scalia said.

Not to worry, Justice. The court is now doing all the wickedness for which you yearned.
#JusticeScalia #SCOTUS #Originalism #USConstitution

https://yaledailynews.com/blog/2006/11/10/scalia-urges-literalism/

Scalia urges literalism

The Constitution is not a living document, although many courts and legal experts treat it as such today, Supreme Court Justice Antonin Scalia argued at […]

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