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> Constitutions are squishy things, ultimately. They evolve over the years. They're really not -- or shouldn't be. Certainly not when you have a textualist/ori
by gwbrooks 6y ago
> Constitutions are squishy things, ultimately. They evolve over the years.
They're really not -- or shouldn't be. Certainly not when you have a textualist/originalist majority on the court charged with deciding what is and isn't constitutional.
I get your broader point that societies and norms change. But the last thing any of us should want is a constitution that is lightly referenced and broadly interpreted because history shows such easily interpreted and changed documents benefit the oppressor far more than the oppressed.
Your final point is a strong one: Substantial parts (and, for some forms of speech, nearly all parts) of our freedom of speech runs through a handful of large social -media companies. There's little reason that can't be addressed with appropriate federal legislation but, if that's not enough, then let's get on with the heavy lift of actually amending the Constitution, rather than hoping our better angels prevail in interpreting it.
- nvahalik 6y agoAgree. To extend your argument, we find that over the years that the application of the constitution has to be understood in new contexts. It doesn't evolve, but how it is understood to apply is discussed and what it covers does. That's why textualism/originalism is important: if we understand what someone said and why they said it, we can better represent the intention of the rule here, several hundred years later.