Originalists

[Me.]

"Good quote from Thomas Jefferson gleaned from FB as a sharp rebuke to the neanderthals on the Supreme Court.
Jefferson formed his ideas under Pluto in Aquarius.

“I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as a civilized society to remain ever under the regimen of their barbarous ancestors.”

More Jefferson.
.”No man shall be compelled to frequent or support religious worship or ministry or shall otherwise suffer on account of his religious opinions or belief, but all men shall be free to profess and by argument to maintain, their opinions in matters of religion.”

https://star4cast.com/scotus-stepping-off-the-ledge-creates-backlash/

[Wounded Bear]

1. Jefferson wasn't perfect, but he had some good ideas...

[moondust]

2. "...institutions must advance..."

"...to keep pace with the times."

Exactly. Something I was just thinking about--yet again. Government needs to adapt to keep pace with the times. What was relevant in the late 18th Century may be totally outdated in the early 21st. When the 2nd Amendment was passed there were single-shot muskets available; mass shootings weren't even a figment of the imagination. Etc.

Probably the biggest transformation of society came more than a century after the Constitution was passed. The Founders had never heard of "industrialization" or "consumerism" which led to rapid changes in virtually everything.

Alito & Co. are nothing more than screwballs for maintaining an "originalist" approach to the law in the 21st Century.

Bravo, Mr. Jefferson, for "getting it."

[Me.]

4. Benjamin Franklin gave instructions on at-home abortions in a book in the 1700s

Benjamin Franklin gave instructions on at-home abortions in a book in the 1700s

“Benjamin Franklin is revered in history for his fixation on inventing practical ways to make everyday life easier. He was a prolific inventor and author, and spent his life tinkering and writing to share his knowledge with the masses.

One of the more surprising areas Franklin wanted to demystify for the average American? At-home abortions.

Molly Farrell is an associate professor of English at the Ohio State University and studies early American literature. She authored a recent Slate article that suggests Franklin's role in facilitating at-home abortions all started with a popular British math textbook.”

https://www.npr.org/2022/05/18/1099542962/abortion-ben-franklin-roe-wade-supreme-court-leak

“Ben Franklin Put an Abortion Recipe in His Math Textbook”

https://slate.com/news-and-politics/2022/05/ben-franklin-american-instructor-textbook-abortion-recipe.html

[moondust]

6. Wow. 1748.

Although not incorporated into the law, that certainly qualifies as being "deeply rooted in the nation's histories and traditions." Perhaps it wasn't widely available or common enough to warrant legislation at the time. Or they felt it was a very private matter that should be left up to the individual.

And then came the religious nuts and politicians who used it as a political wedge and rallying cry. Oh yes...and a means of self-absolution to escape any guilt for all their everyday sins and criminality. "See how holy I am everybody?! I've got God on my side!"

Thanks for that.

[madaboutharry]

3. Originalism is a fraud.

Originalism was not a thing until the 1970's. It was a reaction to the progress of the Civil Rights Movement and the Women's Movement. It is a bullshit theory designed to thwart progress and the expansion of rights to minorities, women, the poor, immigrants, and any one else not a member of the privileged class. It is a White Supremacist philosophy to keep White Christian Men in Power.

[bahboo]

5. absolutely...

[MurrayDelph]

9. It has always been bullshit to give them cover.

First they come up with the result they want.

Then they research for the rationale they will reverse-engineer to fit.

This is why Uncle Clarence never asks questions.

[KentuckyWoman]

10. Absolutely.

If they really wanted the original they'd be trying to make Genesis 38 law. Any man who has any emission outside the purpose of child creation will be put to death. You can't get any more "original" than Genesis.

[2naSalit]

7. K&R

[crickets]

8. K&R for visibility.