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The ideologies often line up with politics: the Constitution is a 244 year old document with a heavy emphasis on economic liberty and protection of personal and
by philipkglass 4y ago
The ideologies often line up with politics: the Constitution is a 244 year old document with a heavy emphasis on economic liberty and protection of personal and property rights. Interpreting the Constitution according to its text and original intent will naturally lead to conservative outcomes.
I think that interpreting the Constitution by its literal text yields interpretations different from interpreting according to original intent. And that the literal text reading does not align all that closely with mainstream Republican or Democratic positions.
Consider the text of the First Amendment, for example.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
No abridgment of freedom of speech or of the press. Pretty clear as text. Yet the Sedition Act of 1798 was never overturned as unconstitutional. Nor is there an exception in the plain text for "unless it's obscene" or "unless it's a lie" yet there are Federal laws limiting obscenity and fraud and other kinds of speech that were never struck down on First Amendment grounds. Some such laws were passed in the lifetime of the original framers of the constitution and others are in force today. Some state level blasphemy laws remained in place until the 20th century [1].
As I see it, either the literal text reading of the Second Amendment protects private ownership of machine guns just like it does bolt action rifles and revolvers, or handguns are no more protected than machine guns, whose private ownership was limited by the National Firearms Act of 1934 and then outlawed for all but affluent collectors by the Firearm Owners Protection Act of 1986.
A maximal-individual-liberty interpretation of the literal text of the First and Second Amendments produces a United States in which there are no Federal laws against publishing pornographic videos of minors, nor against private ownership of anti-aircraft missiles. (Among other startling developments.) That's closer to a fantasy of a certain strain of libertarian than anything aligned with mainstream political factions in the United States, either contemporaneously or at any time since independence. The original framers were (at least mostly) not libertarian libertines, devoid of communitarian feeling, while the literal text gestures toward an uncompromising individual liberty that would be equally outside the Overton window in 1792 or in 2022.
[1] Though it's fair to consider that, pre-Civil War, states had more latitude to pass laws that the Federal government was Constitutionally forbidden to pass.