"Originalism" Could Find Medicare, Social Security, Medicaid Et Al Unconstitutional.

[TheMastersNemesis]

Anything not "specifically" mentioned in the Constitutional is considered not constitutional based on originalist philosophy. Kavanaugh looks like an "originalist" based on what we already know. Under such idea virtually any poverty program, affirmative action program, voting rights law and others could mean that such laws are prohibited.

Such decisions on these matters could mean these programs would e immediately shut down and disbanded. We have people like the Koch's and others want to see them gone.

[SWBTATTReg]

1. Yeah, right. I think you would have an awful lot of disagreements w/ this argument...

Millions, literally millions and millions would throw everyone out of Congress if this happened.

[Trust Buster]

2. Humanism will not tolerate a Court that would consider such a foolish position.

The Supreme Court only has authority that the people choose to vest in them. Even those dopes know that. Just try to take away Social Security and Medicare away from a bitter right winger. We believe that Republicans are politicizing the Court. What is the point of acting as if they are not ?

[Hortensis]

3. That IS the plan. Btw, put mandatory universal education

on that list, along with the mandatory taxation that pays for it.

Many on the right, mostly now concentrated in the remains of the Republican Party already believe, no, know, that it's a liberal plot to maintain national control of the people. Being able to say no to protect our children is a basic freedom being denied. Those sorts are so indoctrinated in this stuff that they'd support doing away with laws requiring us to send children to school tomorrow, even if they still wanted their local public schools to continue.

[scarletlib]

4. It will be very interesting.

Let them try to take away Social Security and Medicare from people. Talk about unrest in the streets!

[DURHAM D]

5. At last...Bircher wet dream comes true.

Old school right wing Republicans hated Eisenhower because he was supposed to kill off all of the New Deal programs. It has only taken them 75 -80 years but at last they will be able to celebrate their hate in full view.

[TheMastersNemesis]

6. If You Listen Carefully Originalism Is One Of The Main GOP Memes That Bubbles Up.

They complain about the activist court yet they plan to establish a RW activist court. Just look at recent decisions. The libertarian Kochs and their ilk maintain that only Defense and Security are directly mentioned in the Constitution. That the welfare clause is ONLY about the establishment of those two entities. Otherwise anything else including what I mentioned is not constitutional.

Even many departments that deal with domestic matters could be considered illegal. Departments like labor, EPA, welfare, FEMAand others NOT dealing directly with security or military should be dismantled. In their view most government operations go to the states.

[JHB]

7. They're also not particularly rigorous in their "originalism" when it suits them

There was nothing about the Bush v Gore or Citizens United decisions that were "originalist".

Originalism would say that the USSC had no standing to decide Bush v Gore: it would be a state matter. All the grounds cited in making the majority decision wer not "originalist".

When the constitution was written ther was no domestic large corporation in a position to influence politics, but the founders were quite aware of how influential the British East India Company had made itself in Parliament and with the crown. It was their tea that was dumped into Boston harbor (and a few other harbors), but it was the crown that sent troops in response.

The founders would not that corrupt situation repeated here.

One would think "originalism" is just putting an intellectual veneer to advance conservative interests.



One would be exactly right.