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

EmperorTigerstar

Ad Honorem
Jun 2013
6,398
USA
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.
 

Futurist

Ad Honoris
May 2014
22,239
SoCal
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?
 

EmperorTigerstar

Ad Honorem
Jun 2013
6,398
USA
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
1,218
Queens, NYC
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.
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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.
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May 2019
202
Salt Lake City, Utah
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.
 
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