this post was submitted on 19 Jul 2023
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[–] the_lennard@feddit.de 3 points 1 year ago* (last edited 1 year ago)

Constitutional renewal every generation?

As a non-USA-Citizen, this is what always gets me about the originalists at SCOTUS: the idea of changing the constitution to reflect what the majority of US citizen believes is simply not possible anymore, because of outrageous distortions of the process. Given how unequal voters are distributed across states and the effective veto power of very small states, there is no way for the majority of people to do what the originalists demand: adapting the law so that no interpretation is necessary.

What makes originalism and those that represent it so incredible stupid is THAT THEY ADMIT THIS. Scalia used to chuckle in interviews when this was pointed out to him.