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John Pfaff@johnpfaff.bsky.social |
I think it’s hard to understate the extent to which two-century old history is incomplete, contradictory, and subject to multiple interpretations—and thus fundamentally incapable of providing the sort of clear guidance Originalists claim that it can.
15 replies 84 reposts 428 likes
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Taka Hanazawa
@takahanazawa.bsky.social
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The conservatives also have the exact opposite approach to historical norms that most of us do. They believe that the older a law or norm is the more valid it is, not the other way around
1 replies 0 reposts 16 likes
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M. Ryan
@merpwashere.bsky.social
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My assumption is that people who want things to be like “the good old days” refuse to contemplate the idea of histories, plural, let alone ones that are in competition with each other.
0 replies 0 reposts 8 likes
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John Pfaff
@johnpfaff.bsky.social
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And by that I mean it is hard for well-trained, careful, sincerely-motivated historians to find any clear answer (also bc quite often there prob WASN’T a clear answer even at the tone). And ppl like Thomas are none of those things.
0 replies 2 reposts 47 likes
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MrClark
@mrclark.bsky.social
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When our Constitution was written corporations had been around for hundreds of years and money for thousands, If the founders had wanted corporations to count as people and money to count as speech somebody would have mentioned it.
0 replies 0 reposts 0 likes
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b-boy bouiebaisse
@jbouie.bsky.social
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Barrett also nails the essential problem with Thomas's method, which is that he is working backwards from a conclusion. There is a reason why actual historians spend years in archives before even attempting to make some kind of broad argument.
9 replies 22 reposts 287 likes
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Riverdaleboy
@riverdaleboy.bsky.social
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I'm not even sure what I'm thinking sometimes
1 replies 0 reposts 3 likes
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Brian C. Keegan
@brianckeegan.com
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Letting Catholics, women, and Black people make policy decisions definitely goes against several centuries of “Western Civilization” history and tradition, but I’m not a billionaire bootlicker.
0 replies 0 reposts 4 likes
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Globulous Gutgurgle
@inmediasrage.bsky.social
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I will always love that the use of originalism is solely empowered by Marbury v Madison, a power grab that very creatively interpreted judicial review in a new way at a moment where the aggrieved party had no political prospects and the party in power liked the result.
0 replies 0 reposts 4 likes
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Blue Meme
@bluememe.bsky.social
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For far right clowns like Thomas and Alito, those are features, not bugs. Contradictory history provides just enough support for their blatantly political results-driven decisions.
0 replies 0 reposts 1 likes
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Michele Bissacco
@micbi.bsky.social
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Isn't this sort of absolute deference to an essentially fuzzy principle, very similar to the one for "dialectics" the soviet nomenklatura liked to pander to? Yes, the dictionary may have a definition.. But they just use it as a wild card. And since they sit at the top they always have the last word.
0 replies 0 reposts 0 likes
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Nop (he/him) 🍉 PUSSY IN BIO
@voxexsinister.bsky.social
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I'm guessing that she's getting tired of him hitting on her.
1 replies 0 reposts 8 likes
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Elliot Ghoul
@elliotghoul.bsky.social
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If Thomas actually believed in “originalism” he’d resign knowing full well a black man would never have his job
0 replies 0 reposts 4 likes
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uosdwis r dewoh
@thulcandrian.bsky.social
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Wait. I’ve been led to believe there are only 6 people currently alive that are capable of the rigorous intellectual exercise of originalist interpretation of the law. Are you telling me it’s not that simple?!?!
0 replies 0 reposts 3 likes
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Ostrich, Booster Pack Blueskyer
@justostrich.com
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Originalism is of course inherently reactionary to the extent that like other reactionaries, it relies on "the past" and "tradition" as a consistent and coherent ideal and will outright fabricate it in order to achieve the coherence and consistency it needs.
1 replies 0 reposts 7 likes
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@timscurtin.bsky.social
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As a legal philosophy, it’s always been the *exact same exercise* in “spotting your friends in a crowd” that it’s proponents claimed to be against.
0 replies 0 reposts 0 likes