4 fallacies of the originalist constitutional interpretations!

I’ve come to the point where I’m really sick and tired of what’s convenient holier than you, mentality, that so many use, to justify their agenda and personal / political positions, and / or their own interest. When the newest of our Supreme Court Justices, she refers to herself, as a originalist, when he articulates his reasoning and judicial/legal philosophy, we should all probably be extremely concerned! We live, and exist, in a constantly evolving world, nation, and society, where many conditions today are vastly different from when the Constitution was created nearly 250 years ago. Remember, at that time, there was still legal slavery (which existed for about 100 years, after), women did not have the same rights as men (All men are created equal – no, all people), and it wasn’t until the 20th century, when women got the right, to vote! The weapons of that time needed to be recharged through a series of steps that took about two minutes to complete, 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 bear and possess a weapon, conveniently ignore the fact, the right to bear arms Efficiently, focused on State Rights, especially to create and have a State Militia, for protection against foreign invasion/influence. With that in mind, this article will briefly attempt to consider, examine, review, and discuss 4 fallacies, claimed and articulated by these so-called Originalists.

1. Weapons/ 2nd Amendment: How many more must die because we refuse to take, common sense, action, tackling, gun safety and controls/regulations? We license drivers and register cars, but therefore don’t have the necessary security features, when it comes to gun ownership. The reality is that the Second Amendment, no matter how it is interpreted, does not give anyone the unlimited right to possess and use any weapon/gun. How could the Founding Fathers ever envision today’s weapons, especially automatic and semi-automatic pistols, and so-called (military-grade) assault rifles? Shouldn’t common sense, mandating gun rights, be adjusted to the general health and safety realities and necessary priorities?

2. Women rights: The Constitution created a mechanism, to create additional amendments, etc., as necessary, and supposedly, the Supreme Court, fairly and equitably decided, legalities and constitutionality. In the middle of the 20th century, roe vs wade, it was decided, giving a woman the right to choose! It should have become an established law and right, after so many years, however, those who try to change it, be it from a religious and/or political perspective/agenda, also claim, they are doing so, by using this originalist interpretation!

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

4. Rights of States: The same people, who demand State Rights, when it serves their purposes, many times refute them, when it is inconvenient!

Wake up, America, and demand a Constitution, which is a living document, Based on fundamental and democratic principles, rights and freedoms! We must, sooner rather than later, or risk losing the identity of this nation!

Author: admin

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