this post was submitted on 19 Jul 2023
1398 points (100.0% liked)

196

16552 readers
3040 users here now

Be sure to follow the rule before you head out.

Rule: You must post before you leave.

^other^ ^rules^

founded 1 year ago
MODERATORS
 
you are viewing a single comment's thread
view the rest of the comments
[–] [email protected] 3 points 1 year ago* (last edited 1 year ago)

Constitutional renewal every generation?

As a non-USA-Citizen, this is what always gets me about the originalists at SCOTUS: the idea of changing the constitution to reflect what the majority of US citizen believes is simply not possible anymore, because of outrageous distortions of the process. Given how unequal voters are distributed across states and the effective veto power of very small states, there is no way for the majority of people to do what the originalists demand: adapting the law so that no interpretation is necessary.

What makes originalism and those that represent it so incredible stupid is THAT THEY ADMIT THIS. Scalia used to chuckle in interviews when this was pointed out to him.