tag:blogger.com,1999:blog-1237087217187172116.post3198297700823646176..comments2024-03-28T10:44:30.518-06:00Comments on American Creation: David Post on Justice Thomas' OriginalismBrad Harthttp://www.blogger.com/profile/17669677047039491864noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-1237087217187172116.post-88669954519086960452011-09-15T15:56:09.919-06:002011-09-15T15:56:09.919-06:00.
Tradition is a powerful force.
..<br />Tradition is a powerful force.<br />.Phil Johnsonhttps://www.blogger.com/profile/06756814849309388483noreply@blogger.comtag:blogger.com,1999:blog-1237087217187172116.post-44516454958180276932011-09-15T15:49:57.809-06:002011-09-15T15:49:57.809-06:00I agree that Thomas' conclusion seems to skip ...I agree that Thomas' conclusion seems to skip some historical bases. Yes, parents were accorded great authority over their children. But once that children went forth into the market, the parents would have understood that the influences of the market would impact their children.<br /><br />Despite questioning the historical result, I have no problem with the general approach. The Constitution (including the First Amendment) is a body of law with a particular meaning. If that meaning is no longer approapriate to contemporary society, we are stuck with it until we change it.<br /><br />Justice Thomas seems a bit too confident in his certainty about historical meaning. And Cotton Mather seems a little far removed. But, to the extent that we can know it, the historical meaning is the meaning of the document.Danielhttps://www.blogger.com/profile/12165084874363214919noreply@blogger.comtag:blogger.com,1999:blog-1237087217187172116.post-69882563492327756412011-09-15T05:50:06.571-06:002011-09-15T05:50:06.571-06:00Well I agree that Justice Thomas is brilliant. An...Well I agree that Justice Thomas is brilliant. And that the narrative that he is Justice Scalia's suck ass is complete BS.<br /><br />Thomas is 1/9 -- a man unto himself -- with his idea that the natural law of the Declaration of Independence should incorporate into justiciable constitutional jurisprudence. And it's a valid theory of constitutional interpretation.Jonathan Rowehttps://www.blogger.com/profile/04079637406589278386noreply@blogger.comtag:blogger.com,1999:blog-1237087217187172116.post-86872129860310490842011-09-15T00:15:33.856-06:002011-09-15T00:15:33.856-06:00I'll dissent, Jon.
I thought Dr. Post got his...I'll dissent, Jon.<br /><br />I thought Dr. Post got his ass kicked in the comments section [go back and read the link], but I'll go where no man has gone before.<br /><br />First read how Justice Thomas might actually be brilliant, not just some right-wing affirmative action window-dressing Scalia-ass sucking twit, as written by a left-wing hind-teat sucking twit.<br /><br />http://www.newyorker.com/reporting/2011/08/29/110829fa_fact_toobin#ixzz1WAbOnjGg<br /><br />Jon, as we've previously discussed about libertarian-minded Randy Barnett [whose work I like]---once he untethers "liberty" and "rights" from the Founding understanding of liberty and rights under "natural law," all we have left are the words liberty and rights. <br /><br />They mean nothing. Hollow shells.<br /><br />Justice Thomas is a bit of a genius on this, researching what rights and liberty meant when we ratified the Constitution. It does not mean a parent surrendering his child to the state. We as a people never agreed to that, and we do not consent to it now.Tom Van Dykehttps://www.blogger.com/profile/07121072404143877596noreply@blogger.comtag:blogger.com,1999:blog-1237087217187172116.post-36047122166838477182011-09-13T16:10:41.834-06:002011-09-13T16:10:41.834-06:00.
Perhaps some readers are familiar with A. W. Gou....<br />Perhaps some readers are familiar with A. W. Gouldner's thinking on the New and Old Classes?<br />.<br />I'm thinking Constitutional Originalism puts those who uphold it as members of the Old Class. Or is it just exactly the other way around that the popular form of Conservatism is a product of Old Class thinking?<br />.<br />(My Norton Anti-Virus keeps closing down my access to American Creation with a warning of a "Suspicious Web Page Blocked" interception. Is there a program at the blog site that does phishing?)<br />.Phil Johnsonhttps://www.blogger.com/profile/06756814849309388483noreply@blogger.com