24 November 2022

Alternate history

16 comments:

  1. Give them a few decades and they might wish that had been their policy…

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  2. That's what Martha's Vineyard said.

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    Replies
    1. Actually no, they didn’t. But you probably already know that.

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  3. The ‚refugees‘ killed the natives, that‘s what happened.

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  4. "May I see your papers, please?"
    "What? No papers? Issued by James I. Who is this James I?"

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  5. I stayed at an Indian resort/casino during Thanksgiving weekend. I read that every tribe member receives over $30K a month from it, which is small compensation for what we took from them. Also, the pretty awful desert area they were granted to live on is now full of vineyards, wineries and condos. How ironic.

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    Replies
    1. Strikes me as an example of how terribly badly we fail in addressing poverty in the US.

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    2. Is that $30K free?

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  6. Ask an originalist how the government handled immigration after our founding. Wonder if they'd like that "small government" approach today? Like the founders did...

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    1. One can be an originalist without agreeing with every concept the founders brought about.

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    2. I'm not sure that is possible. Semi-originalist?

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    3. In principle originalism means interpreting a law based on what its authors intended.
      In practice it means interpreting a law in whatever way produces the desired outcome.

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    4. "In practice it means interpreting a law in whatever way produces the desired outcome."

      I think you might have originalism confused with "living constitutionalism."

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    5. Said Justice Rehnquist regarding living constitutionalism (1976):

      "Under this brief writer’s [referring to an uncited case before the court] version of the living Constitution, nonelected members of the federal judiciary may address themselves to a social problem simply because other branches of government have failed or refused to do so"

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  7. I would think by definition, originalism means explicitly following the founders dogma. But dogma always gets run over by karma in the end.

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  8. "Originalism Versus Living Constitutionalism: The Conceptual Structure of the Great Debate" (2019)
    https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=3248&context=facpub

    A long read here on the evolution of the meaning of "Originalism." Starts on page 12.

    For those interested, the essay also discusses the evolution of the term "Living Constitutionalism." Starts on page 14

    Worth the read, IMO

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