4 Fallacies Of Originalist Constitutional Interpretations!

I’ve gotten to the point where I’m really sick – and – tired of, convenience, holier than you, mindset, so many uses, to justify their personal/political agendas and views, and/or ego – importance. We should probably all be very concerned when our newest Supreme Court justice calls herself, as an originalist, articulating her reasoning and legal/legal philosophy! We live and exist in an ever-evolving world, nations and societies, many of which are a long way from when the Constitution was written (almost 250 years ago). Keep in mind that there was still legal slavery at that time (about 100 years after) and women didn’t have equal rights with men (all men are created equal – not all) until the 20th century when women got the right to vote! Weapons at the time had to be reloaded through a series of steps that took almost two minutes, so how could anyone imagine and/or perceive or imagine today’s weapons? When some people wrap themselves in the Second Amendment and claim to have an absolute right to carry and possess firearms, they conveniently ignore the fact that the right to bear arms is largely based on the rights of the state, especially to to establish and own militias, to prevent foreign invasion/influence. With this in mind, this article will attempt to briefly consider, examine, assess, and discuss four fallacies asserted and articulated by these so-called originalists.

1. Weapons/Second Amendment: How many people are left to die because we refuse to take common sense, steps, problem solving, gun safety and control/regulation? We license drivers and register cars, but we don’t need safety precautions when it comes to gun ownership. The reality is that the Second Amendment, however interpreted, does not give anyone the unrestricted right to own and use a weapon/gun. How could the Founding Fathers envision today’s weapons, especially automatic and semi-automatic rifles, and so-called assault rifles (military grade)? Shouldn’t common sense, requirements, gun rights fit the general health and safety reality and desired priorities?

2. Women’s Rights: The Constitution creates a mechanism to make additional amendments etc. if necessary, and presumably the Supreme Court rules fairly and equally on legality and constitutionality! In the mid-20th century, Roe v. Wade was ruled, giving women the right to choose! It should have become an established law and right after so many years, however, those who try to change it, either because of religion, and/or political views/agenda, also claim that they are doing so, using this original interpretation. !

3. Constitutional Guarantees: Some claim to protect the Founding Fathers’ intentions (as if they really understood the thought process, etc.) when they selectively demand that certain aspects be maintained while seemingly trying to eliminate others! Religious freedom gives individuals the right to practice any religion they want, and/or not, but today it seems that some of us are trying to convince us that we live in a Christian country, even though many of the founders were agnostics and/ or an atheist!

4. State rights: The same people who claim state rights when it serves their purpose, and when it is inconvenient, tend to refute them!

Wake up, America, to a Constitution, a living document based on fundamental democratic principles, rights and freedoms! We must do this sooner rather than later, otherwise we risk losing the identity of this country!

 

Article source: http://EzineArticles.com/10552563

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