[Opinion - Legal Analysis] The Constitution bars Trump from holding public office ever again - Donald K. Sherman ( thehill.com )

bedrooms , 10 months ago

I don't like that the approach these conservatives took was originalism. For, if we really re-re-interpret everything in the mind of the original authors, these original intentions permitted slavery and all the other evil things democracy has abandoned since then.

Arotrios OP , 10 months ago

Yep, originalists are idiots, but they're also the bedrock of conservative judicial thought. Having two of their most prominent voices argue for disqualification indicates that it's that rare time of day when the broken clock is right on the money.

RickRussell_CA , 10 months ago

The 14th amendment specifically bans slavery. I can't imagine any originalist interpretation of the 14th would allow it.

Any originalist concerns about the pre-14th Constitution are addressed by the amendment process, which is a very high bar.

JelloBrains , 10 months ago

I'm torn on the originalism concept, I lean towards it as the intent but not necessarily a good way to function. Why I lean that way is because the constitution has a built-in clause on how to change it, if it was living and breathing then why would we have included the process to change it and make amendments?

I do find that so-called originalist members of the Senate that love the filibuster to be hypocritical considering it was a loophole and not an original part of the government. Of course that is a whole other can of worms.