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0 pointsxxpor4y ago0 comments

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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wanderingmind4y ago

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.

xxporOP4y ago

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

jfrunyon4y ago

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

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