Re:Charles Koch Says His Partisanship Was a Mistake
by Zigurd on Sunday November 15, 2020 @02:44PM
(#25104106)
"Originalism" is not possible in practice because it would lead to absurd outcomes. It is reasonable to suspect that "originalism" is a construct in bad faith, to cover a preference for old bigotries and a less than coherent grab bag of right wing positions.
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Re:Charles Koch Says His Partisanship Was a Mistake
by nickff on Sunday November 15, 2020 @03:09PM
(#25104336)
When we interpret contracts, we're practicing a sort of 'originalism', though usually on shorter timescales. Is contract interpretation right-wing?
Re:Charles Koch Says His Partisanship Was a Mistake
by Zigurd on Sunday November 15, 2020 @03:37PM
(#25104587)
So you would adhere to the original language of property covenants forbidding sale to black people because that was the clear intent of the authors of those covenants? Hey, sanctity of contract!
And do not tell me those contracts were considered illegal at the time they were written.
Re:Charles Koch Says His Partisanship Was a Mistake
by nickff on Sunday November 15, 2020 @03:45PM
(#25104646)
Contracts can be invalidated (post-hoc) by laws, and both (contracts and laws) can be invalidated by constitutions. Such provisions (in the USA) would have been rendered unenforceable by the Fourteenth Amendment.