4 Fallacies Of Originalist Constitutional Interpretations!

I have reached the point, where I am, truly, sick – and – tired, of the convenient, holier – than – thou, mindset, so many use, to justify their personal/ political agenda and positions, and/ or, self – interest. When the newest of our Supreme Court Justices, refers to herself, as an Originalist, when she articulates her reasoning and judicial/ legal philosophy, we probably should, all be, extremely concerned! We live and exist, in an ever – evolving world, nation, and society, where many conditions, today, are far – different, from when the Constitution was created, nearly 250 years. Remember, at that point, there was still, legal slavery (which existed for about 100 years, afterwards), women did not have equal rights to men (All men are created equal – not, all people), and it was not until the 20th Century, when women got the right, to vote! Guns, of that time, needed to be reloaded, via, a set of steps, which took, close to two minutes to perform, so how could anyone, visualize, and/ or, perceive or conceive of, today’s weapons? When some wrap – themselves, in the 2nd Amendment, claiming an absolute right to carry and own a gun, they conveniently ignore the fact, the right to bear arms, predominantly, focused on State’s Rights, especially to create and have a State Militia, for protection against foreign invasion/ influence. With that in mind, this article will attempt to, briefly, consider, examine, review, and discuss, 4 fallacies, claimed and articulated, by these, so – called, Originalists.

1. Guns/ 2nd Amendment: How many more must die, because, we refuse to take, common sense, steps, to address, gun safety, and controls/ regulations? We license drivers, and register cars, but, so not have needed safety features, when it comes to gun ownership. The reality is, the 2nd Amendment, no matter how it is interpreted, does not give anyone, the unlimited right to own and use any weapon/ gun. How could the Founding Fathers, have, ever, visualized today’s weapons, especially, automatic, and semi – automatic guns, and, so – called, Assault (military – grade) rifles? Shouldn’t common sense, require, gun rights, conform, to overall, health and safety realities, and needed priorities?

2. Women’s Rights: The Constitution created a mechanism, to create additional Amendments, etc, as – needed, and supposedly, the Supreme Court, fairly, and equally decided, legalities, and Constitutionality! In the mid – 20th Century, Roe v Wade, was decided, granting a woman, the right – to – choose! It should have become a stated law and right, after this many years, yet, those trying to change it, either because of a religious, and/ or, political perspective/ agenda, are also claiming, they are doing so, by using, this Originalist interpretation!

3. Constitutional guarantees: Doesn’t it seem, strange, some people are claiming, they are protecting the intent, of the Founding Fathers (as if, only they, truly, know, the thought – processes, etc), when they selectively, demand enforcement of some aspects, while seemingly, trying to eliminate others! Freedom of Religion granted individuals, the right, to practice, any religion, of their liking, and/ or, none, yet, today, we seem some, trying to make us, believe, we live in a Christian State, even though, many Founders, were, agnostic, and/ or, atheists!

4. States Rights: The same people, who demand States Rights, when it serves their purposes, often refute these, when it is inconvenient!

Wake up, America, and demand, a Constitution, which is a living document, based on core, democratic principles, rights and freedoms! We must do so, sooner, rather than later, or risk losing, this nation’s identity!

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