4 Fallacies of Originalist Constitutional Interpretations!

I’ve come to the point, where I am truly sick and tired of the 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 probably all be extremely concerned! We live and exist, in a world, a nation and a society in constant evolution, where many conditions, today, are very different from when the Constitution was created, almost 250 years ago. Remember, at that time, legal slavery still existed (which existed for about 100 years, afterwards), women did not have the same rights as men (All men are created equal – no, all the people), and it wasn’t until the 20th century, when women got the right, to vote! The weapons of that time needed to be reloaded, through a series of steps, which took about 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 bear and possess a gun, conveniently ignore the fact, the right to bear arms, Efficiently, focused on the Rights of the State, especially to create and have a State Militia, for protection against foreign invasion/influence. With that in mind, this article will attempt, briefly, 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, steps, address, gun safety and controls/regulations? We license drivers and register cars, but therefore we 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, mandated, gun rights conform to general health and safety realities and necessary priorities?

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

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

Four. Rights of States: The same people, who demand State Rights, when it serves their purposes, often refute them, when it is inconvenient for them!

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

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