Constitutional Originalism’s Conceited Intent


It is an audacious pursuit to divine an assertive original context from a text written by men who themselves did not agree. Such is the conceit of constitutional originalism and it’s disciples. Even a modest history lesson divulges the disagreements among the founders — whether a Bill of Rights should exist, or even if there ought to be a constitution at all.

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Don’t Force ‘Sanctuary Cities’ To Do Fed’s Job

Conservative commentators characterize sanctuary cities as legal apostates, but the principles in practice in sanctuary cities share little with that description. It’s the latest example of the Right’s inability to parse the weeds of reality, seeking to find comforting answers attuned to black and white and good vs. evil.

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With ‘Fatal Conceit,’ Speaker Paul Ryan Fails Insurance 101

It appears Speaker Paul Ryan (R-WI) is deeply disturbed that insurance premiums paid by healthy people help offset the insurance costs of people who are sick. But that is exactly how health insurance works. In fact, it’s how all insurance works. It’s called spreading the risk. In any insurance pot, there is a minority segment who are higher risk, and these higher risk individuals rightfully pay higher premiums. But in addition to those high-risk premiums, the low-risk majority chips-in to cover the greater cost outlay to insure the high-risk minority.

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ACLU: Transgender 101: A Glossary Of Terms

On February 22, 2017, President Trump directed the Education and Justice departments to revoke guidance prohibiting transgender discrimination in public schools. Under the now defunct guidance, schools could not bar students from using bathrooms and locker rooms matching their sexual identity. Transgender people already face discrimination, harassment, violence and worse, and this move by the Trump administration effectively allows schools to legally discriminate against transgender students, singling them out in an environment that should instead foster inclusiveness.

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Trump’s ‘Extreme Vetting’ Irony

Donald Trump’s national security adviser, Michael Flynn, was forced to resign yesterday in disgrace because he lied to the administration and the country over talks with Russia. Maybe not qualifying as irony, but it is poetic justice that Flynn was caught in a web of lies, and potential illegality, considering he led the “lock her up” chants against Hillary Clinton at the Republican National Convention.

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The Trump-Republican Voter Fraud Fiction

With Donald Trump’s continued vanity project, winning the electoral college and the presidency wasn’t enough. It must really stick in his craw that he lost the popular vote. So, he must do as all autocratic leaders do. Lie. And so Trump spins a tale about millions of people who voted illegally, and amazingly all for Hillary Clinton.

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Republicans Lost At Sea On Obamacare Repeal

Over the years, Republicans have voted for a variety of Obamacare repeal bills. This time last year the repeal count was over 60. These repeal votes were red meat for their rabid base, a dog and pony show for the rest. Because Republicans knew they had the cover of an Obama veto, they never had to do the hard work. Turns out this governing thing isn’t so easy when it really matters.

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Trump’s Loyalty Test: This Is What Authoritarian Regimes Do

When President Donald Trump -shudder- ordered Press Secretary Sean Spicer to the podium on Saturday for his first newspeak, it wasn’t just about Trump’s vanity or ego, it was also a test. “This was the largest audience to ever witness an inauguration, period,” Spicer claimed. Regardless of Spicer’s politics, you know this man does not believe what he said. You know Spicer does not believe Trump’s inauguration crowd was larger than President Obama’s 2009 inauguration crowd. Anyone still clinging to the last smoldering shreds of reality knows this.

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GOP Won’t Put Forth A Better Healthcare Plan

You and I already know why it is not possible for Republicans to offer a healthcare plan better than Obamacare. Even if Republicans do eventually present a unified healthcare plan, and even if Republicans insist their plan is better than the Affordable Care Act (ACA), and even if you stubbornly continue to believe what Republicans say, Obamacare will still be better.

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