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1. Many Americans and justices have explicitly denied attempting originalist interpretation. 2. New phenomena necessitate extrapolation. But many phenomena — d
by paulddraper 1y ago
1. Many Americans and justices have explicitly denied attempting originalist interpretation.
2. New phenomena necessitate extrapolation. But many phenomena — death penalty, abortion, religious observance, public schools, etc — existed when the Constitution was ratified by the people; there’s no need to summon the dead.