What are your thoughts on the originalism versus living constitutionalism debate?

Futurist

Ad Honoris
May 2014
21,131
SoCal
#32
Originalism is a silly interpretation. People who believe in that would need to make blacks 3/5 citizens again or remove any amendment made after the founding fathers. People only use that idea when it suits their argument.
The 13th Amendment got rid of that clause, though.

As for living constitutionalism, sure, it has value but it also has its own downsides. For instance, what if SCOTUS would have declared the Reconstruction Amendments to be unconstitutional?
 
Jun 2013
6,395
USA
#33
The 13th Amendment got rid of that clause, though.

As for living constitutionalism, sure, it has value but it also has its own downsides. For instance, what if SCOTUS would have declared the Reconstruction Amendments to be unconstitutional?
That's not how the SCOTUS works. Once it's an amendment they can't change it. The only thing that changes an amendment is with a new amendment.
 
Sep 2014
1,207
Queens, NYC
#35
EmperorTigerStar, page 4 post 31:
Originalism is a silly interpretation. People who believe in that would need to make blacks 3/5 citizens again or remove any amendment made after the founding fathers. People only use that idea when it suits their argument.
_____________________________________________________________________________________________________________________________________________________________
No. Originalism is that the original meaning is applied until and unless the people, through the amendment process, decide otherwise.

The 3/5s compromise is nullified by the 13th and 14th Amendments-which were passed by the people, according to amending processes included in the Constitution.
--------
 
Likes: Futurist
May 2019
162
Salt Lake City, Utah
#36
No system is perfect, and neither is the Constitution, but SCOTUS is the final decider on matters Constitutional.

An interpretation within the organic nature of the document far exceeds originalist intent, because property and agrarian necessities no longer are the paramount deciders in our today's society.
 
Likes: Futurist

Similar History Discussions