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this post was submitted on 09 Dec 2023
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It’s not weak. Originalism is weak. It basically asserts that the constitution and all amendments must have been written by psychics who could predict every situation that would arise in the future, forever.
Of course things written decades or centuries ago couldn’t predict what’s relevant today or five decades from now, so of course they should be open to interpretation as the needs of society change. It’s the difference between following the spirit or the letter of the law, and it’s why most laws aren’t merely prescriptive, but outline motivations and goals.
Not really. The constitution is a living document and was meant to grow with the times.
The problem is that it's next to impossible to add amendments to the constitution now due to how divided the nation is. This means that in order for abortion to receive protection under the constitution, it would need to be tied to an existing amendment that was not drafted with abortion in mind.
That's why it's so crucial to make arguments like "abortion is bodily autonomy" rather than "abortion is a guaranteed right under the xth amendment."
You are contradicting yourself all over the place in these comments.
Okay.
They were arguing against the term "originalist". Guess you missed that bit.