A bad grade that changed the U.S. constitution (2017)

Re:A bad grade that changed the U.S. constitution (2017) by xxpor on Wednesday August 04, 2021 @11:29PM (#28069506)

Even if you're not a judicial activist, originalism for a 250 year old constitution is practically speaking, insane and unrealistic. The industrial revolution hadn't even happened yet! We have no way of knowing what the founders would have thought about modern problems.

This is not even considering that a lot of their known ideas were absolutely terrible.

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Re:A bad grade that changed the U.S. constitution (2017) by wanderingmind on Wednesday August 04, 2021 @11:36PM (#28069570)

Originalism doesn't mean do not evolve. It means evolution of society must be reflected in law through the laws passed by legislature that is elected by citizenry and not by judges. It is a valid frame of view just like activism.

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Re:A bad grade that changed the U.S. constitution (2017) by xxpor on Thursday August 05, 2021 @12:29AM (#28069877)

That's simply arguing for a civil law system, which makes activism vs originalism almost irrelevant since judge's decisions aren't precedential.

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Re:A bad grade that changed the U.S. constitution (2017) by jfrunyon on Thursday August 05, 2021 @12:31AM (#28069893)

You're right. Relying on it is insane. Which is why it's amendable.

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