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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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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Not Even Gods Of War Can Kill Ideas With Bombs

Human beings understand that an idea can have formidable perseverance, when they agree with it. In fact, so fervently do people believe this, falling on one’s sword to protect the idea is considered an honorable exit from this terrestrial sphere. So, it goes without saying that human beings understand an idea can survive violence, even death — but again, only if they agree with the idea.

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Congress Shall Make No Law: Religious Freedom, And The Absolutist Exercise Thereof

As of April of this year, some twenty states had enacted so-called “religious freedom” laws, with similar legislation pending in another half-dozen states. But why do states need such laws when the First Amendment to the U.S. Constitution states that congress shall make no law prohibiting the free exercise of religion? The modern “religious freedom” movement, which took hold during the Clinton administration, was in response to a Supreme Court ruling in 1990 (“Employment Division, Department of Human Resources of Oregon v. Smith“). The case “determined that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was part of a religious ritual.”

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