| "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear War-Mechs shall not be infringed." Therefor, FDR shall ride a Mech onto the battle of the Bulge. Image by sharpwriter. |
The problem with 'originalism' is that most often 'originalism' is simply a cover for the ideological choices the Supreme Court Justices take. A friend I know who is a very conservative constitutionalist pointed out that more than half the time when Scalia defends a stance based on originalism, it's because he couldn't come up with anything better and is post-hoc self-rationalizing himself.
Which is not to slam originalism so much as to point out it's very inconsistent use.
That said, we live in an era of previously-legalized torture, where killer invisible robots roam the skies and blacks are now considered people, the government can mandate healthcare but can't tell people not to buy 50-caliber rifles. I don't think the founding fathers really thought this far ahead.
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