RE: https://bsky.app/profile/did:plc:zy6sn6tkic24e6p52g2yh4zn/post/3mfri23wnec2p
A Constitution Built on the Tw...
I find the modern USAnian partisan hack "conservatives" kind of ridiculous. If #Washington or #Jefferson or most of the other "founding fathers" of the USA had been in the courtroom when the "originalist" / "textualist" Supreme Court justices invented their "President is immune from all criminal law" doctrine from whole cloth, they would have immediately stood up, drawn their pistol, and ended such justices then and there.
Because they would have recognized it for what it is: the re-institution of the supreme King as absolute ruler, which they had risked life and limb to abolish and establish a new government of, for, and by the People.
They wouldn't have put up with it for a second.
#USPol #SupremeCourt #king #president #justice #FoundingFathers #conservative #originalist #textualist #immunity #USA
The #Originalist #Fiction of a #RaceNeutral #Constitution is being used to #damage #CivilRights #Law
A #ruling by the #corrupt #US #SupremeCourt based on an made-up #reading of the #Constitution has #encouraged #attacks on #race-#inclusive #policies and #diversity and #socialjustice #initiatives.
#Women #Transgender #LGBTQ #LGBTQIA #Conservatives #Extremism #Fascism #Hypocrisy #Courts #Corruption #Partisanship #RepublicanParty #ThePartyOfHate
Just a couple thoughts about the #14thAmendment (Section 3) case now being heard by #SCOTUS.
1/
I heard someone today opine that #SCOTUS could rule that each state may decide who should be on their ballots. There is an #originalist flaw in this line of reasoning.
The historical record makes it clear that the #14thAmendment was crafted and intended to prevent former secessionists and confederate politicians from representing their rebellious states in national and state elected offices.
π½
Finally took the time to sit down with the Luttig amicus brief to #SCOTUS on disqualifying #Trump. Reading a brief of this nature is rarely amusing. This one? Itβs lawyer crack.
Luttig uses the federalist societyβs own #originalist reading of the issues, citing all the notorious conservatives β including Scalia and Thomas.
Iβd forgotten about this though.
From the Amicus Brief:
** The next day, Mr. Trump issued his first tweet summoning his supporters en masse to Washington on January 6, 2021: βBig protest in D.C. on January 6. Be there, will be wild.β Pet. App. at 93a, ΒΆ 202. He repeated this summons βat least twelve times.β Id. at 94a, ΒΆ 204.**
Ouch.
You can check it out here:
https://www.supremecourt.gov/DocketPDF/23/23-719/299107/20240129171610494_23-719_Amici%20Brief.pdf
There's a school of thought called originalism about the American Constitution, which says that you have to take the Constitution only in terms of what it actually says. But you know what the Constitution doesn't say? It doesn't say that you have to take the Constitution only in terms of what it actually says. That is to say the originalist position is self-contradictory because the originalist position is not actually in the Constitution.
-- Timothy Snyder
β¦The #courtβs senior #justice, he had spent years on the losing side of cases, writing minority opinions grounded in his strict #originalist interpretations of the #Constitution. Now that fmr President #Trump had given the court a #conservative supermajority, Justice #ClarenceThomas was a guiding voice for a new #judicial mainstream.
He was playing a long game, & his fmr #clerks were among its most important players.
It's ridiculous how this #Republican-controlled #SupremeCourt takes a narrow, #Originalist view of the #SecondAmendment, yet asserts a less narrow interpretation of the #FirstAmendment, opting not to use the same originalist approach.
Speech:
the expression of or the ability to express thoughts and feelings by articulate sounds.
If they were consistent, they would state that "creating a website" is not Speech.
#Constitution
#FreeSpeech
#IndependenceDay
#FourthOfJuly
#SCOTUS