tag:blogger.com,1999:blog-3829599.post6547551675455491741..comments2024-01-28T00:20:40.933-08:00Comments on Agoraphilia: Original Reasons for Non-OriginalismUnknownnoreply@blogger.comBlogger3125tag:blogger.com,1999:blog-3829599.post-49675158913014927452009-07-08T19:21:59.725-07:002009-07-08T19:21:59.725-07:00Re: Consent Theory.
"Girls with shaved bushe...Re: Consent Theory. <br />"Girls with shaved bushes; versus, Grills with fury tushes...<br />no matter, <br />I smell fish!";-)Greg Hallhttps://www.blogger.com/profile/18201481528278795314noreply@blogger.comtag:blogger.com,1999:blog-3829599.post-43260440656257225212009-03-27T14:08:00.000-07:002009-03-27T14:08:00.000-07:00ArtD0dger: Well, even determining original meanin...ArtD0dger: Well, even determining original meaning proves difficult, resulting in different and, thus, shifting meanings. Furthermore, I'd argue that if the plain, present, public meaning of the constitution's text changes, so should the legally enforceable meaning.<BR/><BR/>By way of thought experiment, I imagine an immigrant who speaks good English reading the Constitution's text and saying, "This document describes a fine form of government. I will become a citizen." It would hardly be fair to surprise that party with an interpretation of, say, "cruel and unusual" that was current in 1789 (when, for instance, branding was an accepted from of sanction) but considered outrageous today.<BR/><BR/>Most of the words in the Constitution have the same meaning today as originally. A few meanings have changed for good reason.Tom W. Bellhttps://www.blogger.com/profile/02790351458154066358noreply@blogger.comtag:blogger.com,1999:blog-3829599.post-37973670844519768992009-03-20T12:11:00.000-07:002009-03-20T12:11:00.000-07:00Since the Constitution was drafted by committee, i...Since the Constitution was drafted by committee, it does seem clear that "original intent" is an ill-formed criterion. Indeed, we know that competing factions wrangled and compromised on the exact language reflecting different individually held intentions.<BR/><BR/>But your alternative also strikes me as undesirable. It seems to me we should favor the plain, <I>original</I>, public meaning of the Constitution's text, lest we build our foundation on shifting lexicographical sands.Anonymousnoreply@blogger.com