Quote:
Originally Posted by Tex
I've already done that. Do a search.
Although technically I'm not an originalist, or anything else. I'm just a computer programmer who is a complete legal layman. But I like what I read about it.
Sort of reminds me of the 5-4 Heller ruling a while back when DC tried to parse the "right to bear arms". Only then, they were trying to say that it didn't apply to individuals, but only militias. Judicial activists mold the constitution to fit whatever it is they're trying to do.
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The point isn't that liberals don't "mold the Constitution," almost assuredly they do based on their views and paradigms, it is that so too do conservatives. Originalism doesn't fail because it is a totally flawed form of interpretation, it fails because it is incapable of meeting the standard of "best form of interpretation available."