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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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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Yes, It Is Legal To Photograph And Record Police Actions

Because the police in Ferguson, Missouri have obstructed the free flow of information, asking and then forcing people to stop recording events, I felt it was necessary to make it clear that photography or videography are not criminal activities. Yeah, that should be obvious, but in 2014 America, unfortunately it is not.

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NBA Bans Sterling, And Some Conservatives Need A Lesson In Free Speech, Again

Conservatives love free enterprise and loathe (what they call) big government. But every once in a while (okay, quite often actually) an issue arises where it’s unclear if conservatives hold a consistent viewpoint when it comes to what is or isn’t acceptable or legal in the private sector vs. the public sector. And quite often this creates confusion as to what is or isn’t protected free speech. Take for instance today’s announcement from the NBA that Clippers owner Donald Sterling is banned for life for racist comments that were recorded in private.

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