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Re:Supreme Court guts agency power in seismic Chevron ruling by philipov on Friday June 28, 2024 @11:44PM (#40827742)
I am likely to believe he is one of those. Guess which one.
Re:Supreme Court guts agency power in seismic Chevron ruling by throwup238 on Saturday June 29, 2024 @12:05AM (#40827819)
Definitely the vampire squid.

SCOUTS hasn't had a real originalist in like 200 years.

Re:Supreme Court guts agency power in seismic Chevron ruling by philipov on Saturday June 29, 2024 @01:08AM (#40828013)
You know something the Constitution doesn't say? It doesn't say that you should only interpret the Constitution based on what it says. Therefore, the originalist position is self-contradictory, because it's not contained in the Constitution.
Re:Supreme Court guts agency power in seismic Chevron ruling by dudeinjapan on Saturday June 29, 2024 @01:33AM (#40828099)
> …the Constitution doesn't say… that you should only interpret the Constitution based on what it says.

So we should interpret it based on the things it doesn’t say?

Re:Supreme Court guts agency power in seismic Chevron ruling by philipov on Saturday June 29, 2024 @09:24AM (#40830317)
The problem with interpreting the Constitution is that a lot of things are left unsaid or undefined. There is a wealth of writing outside the Constitution that helps clarify what was intended when the text of the Constitution is ambiguous, such as the Federalist Papers.

Alito's originalist position is that he can reject using such contemporary sources, that he can reject all precedent, and interpret the ambiguous portions of the Constitution however he wants.

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Incidentally, one of the clear intentions of the framers of the Constitution was that the future should not be chained to the tyranny of the past. This sentiment was pervasive in the Revolutionary era. It was intended that future generations would need to make the document work for their own times, and not constantly be second guessing what the deific Founders said. Check out the writings of Madison or Adams or Jefferson or Franklin sometime. They did not want to be deified.

Re:Supreme Court guts agency power in seismic Chevron ruling by dudeinjapan on Sunday June 30, 2024 @08:24PM (#40841543)
Alito said "[the Constitution] means what people would have understood it to mean at the time it was written." One can certainly accuse Alito of cynically ascribing modern Republican party politics to the framers, but I don't see a "smoking gun" here.

To paraphrase his opinion on Dobbs, ex facto the Constitution grants neither an explicit right nor prohibition to abortion--the framers saw it as a legal "gray area" to give a liberal reading of history--so following the 10th amendment, any regulation of abortion should be devolved to the states. Perhaps it is better if abortion were nationally legalized, but Alito's opinion seems reasonable if we are following the rules to the letter.

Re: the Founders, they do not write about the "tyranny of the past" nearly as much as they write about plain ol' "tyranny" of living govts--maybe the closest is Federalist No. 14 or Thomas Jefferson's 1816 letter to Samuel Kercheval "We might as well require a man to wear still the coat which fitted him when a boy, as civilized society to remain ever under the regimen of their barbarous ancestors." Conversely, we can find tons of examples of the Founders being inspired by classical/traditional sources e.g. Greek (Plato, Aristotle, Plutarch), Roman Cicero, Polybius), the bible, English Common Law etc. It is clear the Founders were neither iconoclasts nor Trotsky-style "Permanent Revolutionaries."