"In the context of United States constitutional interpretation,
originalism is a way to interpret the Constitution's meaning as stable from the time of enactment, which can be changed only by the steps set out in Article Five.
The term originated in the 1980s."
As opposed to
Judicial Activism
"Judicial activism refers to judicial rulings that are suspected of being based on personal opinion, rather than on existing law. It is sometimes used as an antonym of judicial restraint."
Citizens United
"Then came Citizens United, the Supreme Court's 5-4 decision in 2010
extending to corporations,
for the first time,
full First Amendment free-speech rights
to spend money as they wish in candidate elections
- federal, state and local.
The decision reversed a century-old legal understanding,
unleashed a new flood of campaign cash
and uncorked a crescendo of controversy.
It thrilled many in the business community,
horrified campaign reformers
and provoked considerable mockery in the comedian classes.
Conservative judges = Originalism.
Liberal judges = Judicial Activism.
Or so were told.
What I'm still waiting on?
Is for some right wing reactionary corporate fascist apologist fuck to explain to me how:
"reversing a century-old legal understanding" isn't "Judicial Activism".
They can't.
It is.
It's just coming from the side they like.
It's like this, if Originalism means corporate personhood and money is speech?
You can fuckin have it.
No comments:
Post a Comment