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I don't disagree with the first part. I think you are right but don't talk more about it: it brings up the ugliest discussions at this place. For the second pa

I don't disagree with the first part. I think you are right but don't talk more about it: it brings up the ugliest discussions at this place. For the second part they seem to be lucky to get a good judge now that will not let her own ideas interfere much with her job and instead interpret the constitution as it was written.

zimpenfish 6y ago
> interpret the constitution as it was written Does this mean she'll be ruling that owning people is ok, removing the vote from women, and striking down the 2nd Amendment?
- Consultant32452 6y ago
  The constitution as it was written allows for amendments. The 13th and 19th Amendments outlawed slavery and gave women the right to vote, respectively.
  - zimpenfish 6y ago
    But those amendments didn't exist when it "was written" - if you're an Originalist claiming to interpret the Constitution "as it was written", that excludes amendments. If you change it to "as it is written", sure, that includes them but you lose the claim to be an Originalist given the timestamps on everything after the 12th Amendment since that's 76 years later and I'm reasonably sure none of the framers were alive then.
    - Consultant32452 6y ago
      The 19th Amendment was ratified in 1920. It was written then. The fact that other parts were ratified at different times doesn't stop you from interpreting each part "as it was written." But you know that.
- Clubber 6y ago
  The 13th, 19th and 2nd amendments exist in the constitution, as written: 13th: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. 19th: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation. 2nd: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Any political and / or legal discussion should start with at least a vague understanding of that document. All our laws and institutions are founded with it.
  - zimpenfish 6y ago
    > "interpret the constitution as it was written" > amendments "was written" would not include "amendments". Perhaps it was meant to be "is written" and that would definitely include the amendments but then you absolutely do not get to call yourself an "Originalist" because, e.g., the 19th was passed 130 years after the Constitution was written and for damn sure none of the framers were still alive then.
    - skinkestek 6y ago
      Clearly I meant the whole constitution, including every accepted amendment; I suppose they become part of the constitution as soon as they are accepted? Anyway I think this should be obvious. The subset of people who has long time accounts on HN and who also are for slavery is really small, possibly non-existent.
    - Clubber 6y ago
      Different parts of the constitution were written at different times. Amendments are part of the constitution regardless of when they were written. Originalists interpret the applicable parts of the constitution as they were written, when they were written. Search Scalia on the topic and watch some videos. He goes into pretty interesting depth on the subject. It's pretty fascinating. https://www.c-span.org/video/?292678-1/justices-breyer-scalia-constitution-forum https://www.c-span.org/video/?292678-1/justices-breyer-scali...

zimpenfish 6y ago

> interpret the constitution as it was written Does this mean she'll be ruling that owning people is ok, removing the vote from women, and striking down the 2nd Amendment?

Consultant32452 6y ago
The constitution as it was written allows for amendments. The 13th and 19th Amendments outlawed slavery and gave women the right to vote, respectively.
- zimpenfish 6y ago
  But those amendments didn't exist when it "was written" - if you're an Originalist claiming to interpret the Constitution "as it was written", that excludes amendments. If you change it to "as it is written", sure, that includes them but you lose the claim to be an Originalist given the timestamps on everything after the 12th Amendment since that's 76 years later and I'm reasonably sure none of the framers were alive then.
  - Consultant32452 6y ago
    The 19th Amendment was ratified in 1920. It was written then. The fact that other parts were ratified at different times doesn't stop you from interpreting each part "as it was written." But you know that.
Clubber 6y ago
The 13th, 19th and 2nd amendments exist in the constitution, as written: 13th: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. 19th: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation. 2nd: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Any political and / or legal discussion should start with at least a vague understanding of that document. All our laws and institutions are founded with it.
- zimpenfish 6y ago
  > "interpret the constitution as it was written" > amendments "was written" would not include "amendments". Perhaps it was meant to be "is written" and that would definitely include the amendments but then you absolutely do not get to call yourself an "Originalist" because, e.g., the 19th was passed 130 years after the Constitution was written and for damn sure none of the framers were still alive then.
  - skinkestek 6y ago
    Clearly I meant the whole constitution, including every accepted amendment; I suppose they become part of the constitution as soon as they are accepted? Anyway I think this should be obvious. The subset of people who has long time accounts on HN and who also are for slavery is really small, possibly non-existent.
  - Clubber 6y ago
    Different parts of the constitution were written at different times. Amendments are part of the constitution regardless of when they were written. Originalists interpret the applicable parts of the constitution as they were written, when they were written. Search Scalia on the topic and watch some videos. He goes into pretty interesting depth on the subject. It's pretty fascinating. https://www.c-span.org/video/?292678-1/justices-breyer-scalia-constitution-forum https://www.c-span.org/video/?292678-1/justices-breyer-scali...