MORT'S MUSINGS

Is Justice Barrett the Latest Shot in the “Deconstruction of Government” Pt. 5 /. What is Originalism? / 11.2.20. / Much is made of Justice Amy Coney Barrett’s adherent to the Constitutional interpretation of “Originalism”. The concept is associated with Justice Scalia , for whom Barrett clerked, and with Supreme Count nominee and Appellate Court Judge Robert Bork . It would seem prudent for us to examine this interpretation in as much detail as we can manage. To do otherwise, would be a disservice to Justice Barrett and to other conservatives. The following is quoted from Wikipedia , though I will seek other sources, as well: https://en.wikipedia.org/wiki/Originalism / ----------------- In the context of United States law, originalism is a concept regarding the interpretation of the Constitution that asserts that all statements in the constitution must be interpreted based on the original understanding "at the time it was adopted". This concept views t...

Is Justice Barrett the Latest Shot in the “Deconstruction of Government” Pt. 4 Cont. / A Moderate Republican’s Look at the Impact of the Barrett Confirmation / Fourth, I acknowledge that this senate confirmation will place a conservative stamp upon the US Supreme Court, possibly for a generation. Long after the Trump presidency is history, the conservative swing of the pendulum will continue; as a solid majority of conservatives, some of whom seem willing to find justification for supporting Pres. Trump over the Constitution, will be turning aside efforts to modernize both our political and judicial systems. Fifth, there was an unseemly rush to complete this confirmation, which stands in stark contrast to the despicable manner in which Pres. Obama’s last nomination was handled. That Senatorial misbehavior will go down in history as one of the blackest moments of a Republican Senate. And it could have all been avoided by the application of a little statesmanship. Unfortu...