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A comment on Ruth Bader Ginsburg has died. Parent comment

Re:Ruth Bader Ginsburg has died by _qulr on Friday September 18, 2020 @10:42PM (#24524446)
> But we routinely look back to the 1800s to establish what is accepted practice in our government.

Routinely?

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Re:Ruth Bader Ginsburg has died by rayiner on Saturday September 19, 2020 @06:37AM (#24526480)
Yes. In fact, the usual presumption is the opposite. The closer in time to the adoption of the constitution we can trace some pattern (or in the case of a law to enactment of the law) that is more persuasive. If the generation that wrote the constitution engaged in this political gamesmanship (and they did) that strongly suggests they understood such conduct was permissible within the framework they created.
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Re:Ruth Bader Ginsburg has died by _qulr on Saturday September 19, 2020 @07:29AM (#24526688)
> The closer in time to the adoption of the constitution we can trace some pattern (or in the case of a law to enactment of the law) that is more persuasive.

This sounds a lot like "originalism", which is controversial at best.

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