BoatShoes;1376694 wrote:Well Scalia's particular brand of originalism doesn't care about "intent" right? It's what was the plain meaning of the words on the page to the people at the time if they were reading it. So, if we had a time machine and brought in the founding fathers and just had them read the words and ask them what they mean. Or, you just go to a dictionary from the time period.
Scalia cares about "intent". Intent and meaning of the words within the context of the Constitution and the history surrounding its formation. I know this is not the "intent" you are referring to. Something along the lines of what Scalia refers to as "evolutionary constitutional jurisprudence". Which by its very nature is more subject to ones ideological and personal beliefs.
BoatShoes;1376694 wrote:Or, you just go to a dictionary from the time period.
LOL. Come on Boat you there is more to it than that.
BoatShoes;1376694 wrote:I don't mean to run a reductio on that method...I just think it's at least a position that a reasonable person might conclude based on that method that is at least worthy of consideration and shouldn't be dismissed out of hand...even if the person writing the article appears to be either a troll or a loon.
Reasonable? You can't be serious. Using Scalia's "method" as you call it, no person possessing an ounce of reason could come to that hair brained conclusion. Here is an article that references his "method". Read it and honestly tell me a reasonable person using his "method" could come to to such a conclusion.
https://www.law.virginia.edu/html/news/2010_spr/scalia.htm