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Saying yes is the same poor argument as "the 2nd amendment was only intended for weapons from the 18th century" and "the 1st amendment doesn't include communica
by seanw444 4y ago
Saying yes is the same poor argument as "the 2nd amendment was only intended for weapons from the 18th century" and "the 1st amendment doesn't include communication over telegraph, or radio waves." It would basically be "security from unwarranted search and seizure doesn't extend to cameras and the internet."
- notch656c 4y agoBruh introducing unconstitutional evidence is so 20th century. Parallel construction is the hot new thing and bypasses those pesky issues.
- krapp 4y agoThat is what a strict originalist reading of the Constitution would conclude - the same reading that decided the Constitution doesn't support a right to privacy because the word "privacy" doesn't appear anywhere in the document, and that the Second Amendment can only be interpreted under the rules of 18th century English. Either we believe the Constitution is a living document and that the context of modern society matters in its interpretation, or we don't and that only what was comprehensible to the specific minds of the Founding Fathers in their time, place, idiom and cultural context is legitimate. Since we've clearly decided as a society that originalism wins out, we should stop being hypocrites about it and accept the consequences in totality.
- klyrs 4y agoGeneral relativity was unknown to the founders, so GPS is unconstitutional? I can dig it
- nonethewiser 4y agoWell an originalist reading has not concluded that. Are an originalist? Why purport that they believe something that they do not, when you yourself dont believe in the thing you're purporting either?
- krapp 4y agoObviously that reading isn't sufficiently originalist, merely another example of radical judges making up laws out of thin air. The text of the Constitution says what it says plainly, and obviously the Founding Fathers meant for it to say exactly what I read.
- nonethewiser 4y ago> The right of the people to be secure in their persons, houses, papers, and effects ... Ha! See that? _Papers_. Guess these electronic records are free game!