Thursday, April 4, 2024

Reductio of originalism out of the 5th Circuit

Dueling was fine with the framers, ergo....   The problem with originalism is that it's unclear why anyone should care what those long dead people thought.  There are other ways to effectuate separation of powers without tethering the present to the dead hand of a somewhat creepy past.

UPDATE:  I was April Fooled, although that says something about the Fifth Circuit.  But the point about originalism still stands!

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