Examples of originalist fanatics in mass culture
whoooo26505 at yahoo.com
Wed Aug 24 16:05:50 PDT 2011
... I'm wrapping up my book -- on the last pages! -- and am looking for some specific examples of how originalism infected the larger American culture. Here are the items that I have so far and would be much obliged if any of you would send me, privately, and other examples. The point is illustrative of the problem, not comprehensive. I'm looking for strange, bizarre things that american culture is doing these days under the drunken lore of "originalism" -- things that, 50 years from now, we'll be looking at history books and say "what in God's name was happening back then?"
1. Governor Perry's espousal of the idea that Senators should be appointed
2. The House requiring that all legislation indicate what provision of the constitution it is offered pursuant to. (Ought to just have an FDR stamp instead).
3. Scalia's recent claim that the "true meaning" of the Equal Protection Clause doesn't apply to women.
4. Scalia's mention that ear-notching would be technically allowed under Cruel and Unusual Punishment Clause if one were a "true originalist," referenced in Joan Biskupic's book, during a light moment in front of the Federalist Society.
5. Justice Parker in Alabama citing Blackstone & Story for the proposition that the original understanding of the unenumerated right to raise ones child is directly informed by Christianity.
Any others? Regrettably, I haven't kept a scrap book!
Regards and thanks.
Dr. Sean Wilson, Esq.
Wright State University
Personal Website: http://seanwilson.org
SSRN papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=596860
Wittgenstein Discussion: http://seanwilson.org/wittgenstein.discussion.html
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