You see, if we based legal decisions on the Constitution, i.e. originalism, then almost everything the left fought for over the last half century would be unconstitutional.
The post Is Originalism Dangerous? first appeared on Tenth Amendment Center.
Dean Chemerinsky is arguing against a form of originalism that hasn't been widespread since the 1980s.
The post Dean Chemerinsky is Wrong on Originalism (Again) first appeared on Tenth Amendment Center.
To be sure, the history of gun regulations is complex, so I don't mean to be definitive. But I'm not seeing conclusive evidence that public carry was widely prohibited (as opposed to being regulated) in the relevant period. And without that evidence, the majority's conclusion seems sound.
The post NYSRPA v. Bruen on the Merits first appeared on Tenth Amendment Center.
The British had a constitution and the Parliament continually violated it. That, more than anything else, led to the final break in 1776.
The post The Origins of Originalism first appeared on Tenth Amendment Center.
Originalists are happy to consider what historians say about matters, but we should remember that often historians have a different objective than originalists do.
I loved playing with Silly Putty when I was a kid. My favorite Silly Putty activity involved pressing it onto newsprint. The putty would pick up whatever was underneath – creating a mirror image. I thought it was a hoot to press it on the Sunday comics and get a copy of Snoopy or Beetle…
Dickinson affirmed that the Union was comprised of "sovereign states" and that the general government under the Constitution only contained those powers granted to it by the states themselves while the states retained all others to be used at their discretion.
He is something of a transitional figure, who established one innovation but retained the traditional theory in other ways.
TAC memberships help us produce more educational tools like this. Members can download this video and read the full transcript at this link. What does the power to establish “Post Offices and post Roads” teach us about reading the Constitution? Quite a bit. Getting it wrong can lead to some serious problems. FOLLOW TAC: YouTube: https://www.youtube.com/user/TenthAmendmentCenter RSS: http://feeds.feedburner.com/tacdailydigest…
the Constitution does have a fixed meaning, and it is possible for the average person to understand what that is.