Read on Twitter
What in the #history is the myth of #originalism doing?
#Twitterstorians on the #ConeyBarrett hearings. https://medium.com/@jtorgerson_62256/confusing-myth-with-history-columbus-day-thucydides-a-garden-of-american-heroes-and-amy-coney-e5ce70d173d7">https://medium.com/@jtorgers...
#Twitterstorians on the #ConeyBarrett hearings. https://medium.com/@jtorgerson_62256/confusing-myth-with-history-columbus-day-thucydides-a-garden-of-american-heroes-and-amy-coney-e5ce70d173d7">https://medium.com/@jtorgers...
On a parallel track, see @profdanhicks :“communities and audiences are not “cancelling culture”, but resisting racism while expanding and improving our collective knowledge of history.”
“All history is rewriting history, or else it quickly becomes myth.” https://www.theguardian.com/commentisfree/2020/oct/15/the-uk-government-is-trying-to-draw-museums-into-a-fake-culture-war">https://www.theguardian.com/commentis...
“All history is rewriting history, or else it quickly becomes myth.” https://www.theguardian.com/commentisfree/2020/oct/15/the-uk-government-is-trying-to-draw-museums-into-a-fake-culture-war">https://www.theguardian.com/commentis...
Again on #history & #originalism: @jbouie on amendments as re-readings vs /original public meaning/.
“...even if it had a singular meaning, ...still...choice about which #Constitution ...one written to secure the interests of a narrow elite or one written for the sake of us all.”
“...even if it had a singular meaning, ...still...choice about which #Constitution ...one written to secure the interests of a narrow elite or one written for the sake of us all.”
“When we search for the original meaning of the Constitution, which Constitution are we talking about?” https://www.nytimes.com/2020/10/16/opinion/amy-coney-barrett-originalism.html">https://www.nytimes.com/2020/10/1...
Must read 2017 #Originalism critique from @TheGNapp:
originalists vs. historians:
“from empirical to methodological. ...no longer over historical knowledge of the Founding era.”
BUT over what methods needed to identify original meaning of historical text. http://www.processhistory.org/originalism-history/">https://www.processhistory.org/originali...
originalists vs. historians:
“from empirical to methodological. ...no longer over historical knowledge of the Founding era.”
BUT over what methods needed to identify original meaning of historical text. http://www.processhistory.org/originalism-history/">https://www.processhistory.org/originali...
Also see @JRakove’s contrast (2015) btw #history‘s goal of complexity vs. #Originalism‘s of fixity.
“Anyone who thinks he can establish conditions of linguistic fixation without taking that turbulent set of events into account is pursuing a fool’s errand.”
https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=5157&context=flr">https://ir.lawnet.fordham.edu/cgi/viewc...
“Anyone who thinks he can establish conditions of linguistic fixation without taking that turbulent set of events into account is pursuing a fool’s errand.”
https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=5157&context=flr">https://ir.lawnet.fordham.edu/cgi/viewc...
And, more on #History & #Constitution #Originalism from @JRakove in @PostOutlook pointing out the paradox that the framers themselves were not originalists ... does “public meaning” ultimately collapse on the very terms of its own methodology?
https://www.washingtonpost.com/outlook/originalism-constitution-founders-barrett/2020/10/16/1906922e-0f33-11eb-8a35-237ef1eb2ef7_story.html">https://www.washingtonpost.com/outlook/o...
https://www.washingtonpost.com/outlook/originalism-constitution-founders-barrett/2020/10/16/1906922e-0f33-11eb-8a35-237ef1eb2ef7_story.html">https://www.washingtonpost.com/outlook/o...
