Thursday, June 23, 2022

Originalism and Court Decisions

We will read about the Supreme Court decision overturning Roe v Wade very soon in the Dobbs case. From the Oxford Dictionary!! o·rig·i·nal·ism noun a type of judicial interpretation of a constitution (especially the US Constitution) that aims to follow how it would have been understood or was intended to be understood at the time it was written. the principle or belief that a text should be interpreted in a way consistent with how it would have been understood or was intended to be understood at the time it was written. noun: originalism So the 9th Amendement per James Madison, the Father of the Constitution and writer of the Bill of Rights: The Ninth Amendment was James Madison’s attempt to ensure that the Bill of Rights was not seen as granting to the people of the United States only the specific rights it addressed. In recent years, some have interpreted it as affirming the existence of such “unenumerated” rights outside those expressly protected by the Bill of Rights. The Original text of the 2nd Amendment: “The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country: but no person religiously scrupulous of bearing arms shall be compelled to render military service in person,” Original text of Fist amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Justice Alito and the Conservatives are doing Judical Activism on Steriods. They are rewriting the Constitituion. This is what a liberal court would do, but NOT conservatives, right? Questions for Conservative Justices: Alito, Thomas, Kavannah, Comey Barret and Goruch: 1) What rights are in the 9th amendment? If not privacy what? Are there any rights in the 9th? Do tell? 2) Regulated is in the 2nd amendment-what regulations are ok? It is the only amendment with the word regulation, but you are striking down regulations? Why? Look at original draft and all cases up until Heller 2008-it was about Militia not individual right-you MADE THIS UP. See above, Madison gave religious exception due to it was for service not right to carry gun. 3) What is speech? money? MADE UP!, Corporations are people-MADE UP, symbolic speech--MADE UP 4) What is orginalism? Blacks have no rights? Women no rights? only white males with property-please explain your theory in detail as it is NOT in the FEDERALIST PAPERS!!!! 5) If you lie under oath, should you JUSTICES be prosecuted or are you immune? 6) What does precedent mean to you? You can break it but no one else? 7) Why can you make a decision on a case when you have a conflict of interest? Why does the judge himself/herself decide? A conflict undermines the Court, but you do not care? 8) Why is Roe v Wade originalism but DC v Heller not? Or Citizens United not? I am confused by your terms and reasoning. 9) While the leaked transcript says the Dobbs decision is only about abortion, why do we believe you? Senators and Representatives want to overturn Griswold, Loving, Obergefell, Windsor? SO why do we believe you it is only Roe? Your reasoning brings them all down? Originalism-brings them all down. 10) Be honest, you are political hacks who are not looking at the law or Constitution. You are supporting your belief and ideas-like maybe a liberal judge would do-look at things today-what this means today? We are disgressing and going back to the 1840s. Thank you Trump, thank you Supreme Court. Hope there is no violence. But you started this, you wanted this. Minority rule, Minority decisions. Brutus was right on so many levels. Good luck

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