Wednesday, July 20, 2005

Grow Up! Get Real! Stop The Lies! Original Intent is a SHAM!

I am sure that Bush's pick for the SC vacancy is getting the usual treatment all over the place. Instead of harping on that choice (who I find to be at least a little bit scary), I will pick on the "Theory." Yes, Dear Romans, I am not here to Praise "Originalism" but I wish I bury it in a very deep pit.

There is a good definition and discussion over on Wikipedia:

http://en.wikipedia.org/wiki/Original_Intent

I am skipping the major copy/paste here, as the html from that page tends to warp this page, when I block quote. In any event, the actual theory Only dates back to the 1980's (according to a source in that article, and that is likely verified all over the place.)

But if you listen to those folk who subscribe to the theory, you would be led to believe that it is the fiat of the Framers of the Constitution, themselves.

That, dear friends, is the bullshit factor. Original Intent is just a veneer for Conservative Judicial Activism. Plain and Simple. But don't take my word for it. Instead, take the word of that Leading Proponent of the theory, Robert Bork:

"If you become convinced that a prior court has misread the Constitution I think it's your duty to go back and correct it. … I don't think precedent is all that important." - Judge Robert Bork, (Source)

(quote is from the Wikipedia article, linked above.)

Original Intent, My ASS!

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