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Thread: Constitutional originalism

  1. #21
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    Quote Originally Posted by Macduff View Post
    It's a legal document. The only way to read it is literally.
    But like a lot of legal documents, "literal" is not always an easy thing to nail down. If it were, we wouldn't need the Supreme Court at all. And the Court's positions have shifted back and forth across time.

    I don't see why we must continue to understand the world just as people in the 18th century did. THEY certainly would not expect us to, and said so.
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  2. #22
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    Quote Originally Posted by libertariat720 View Post
    None of that really matters since self-defense, the right to defend your body from unwanted harm, is not handed down by the government.

    It's inalienable, a natural right.
    Are technologies "natural?" And what if you use your weapon for offense...is that a right too?

    The problem is that you've defined an ACTION, not a possession.

    I don't see why self-defense should not be facilitated by not allowing extremely offensive weapons in the general society.

  3. #23
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    Quote Originally Posted by Kallie Knoetze View Post
    In your shallow opinion.
    Ya gotta have snark....
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  4. #24
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    Quote Originally Posted by Kallie Knoetze View Post
    In your shallow opinion.
    No, in actual fact. Originalism and textualism are two entirely different methods of interpreting the Constitution, irrespective of the result achieved.
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  5. #25
    Swamper chaos's Avatar
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    Quote Originally Posted by Macduff View Post
    It's a legal document. The only way to read it is literally.
    What happened to the articles of confederation?
    And why would a legal document need amendments?

    The constitution is nothing but an annoyance to politicians.
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  6. #26
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    Quote Originally Posted by chaos View Post
    What happened to the articles of confederation?
    And why would a legal document need amendments?

    The constitution is nothing but an annoyance to politicians.
    I pray you are wrong.

  7. #27
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    Quote Originally Posted by Ian Jeffrey View Post
    No, in actual fact. Originalism and textualism are two entirely different methods of interpreting the Constitution, irrespective of the result achieved.
    You beat me to it.
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  8. #28
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    Quote Originally Posted by libertariat720 View Post
    Effectiveley they're the same thing, because even when just reading the words, you're still interpreting what each word means in the given context.

    The federalist papers are a pretty comprehensive guide to the founder's philosophies, at least Hamilton and Madison.
    The intent is all that matters. There is very little room for interpreting we the people.

  9. #29
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    Quote Originally Posted by Rasselas View Post
    I pray you are wrong.
    Way too late for that. The bill of rights is long gone.

  10. #30
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    Quote Originally Posted by chaos View Post
    Way too late for that. The bill of rights is long gone.
    I disagree.
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