As I've said before, I am not a lawyer. But I have read in more than one place there really is no such thing a true original intent. Original Intent (notice the capital O and I) is just another judicial philosophy. Faithfully interpret the Constitution? The way it was originally intended to be interpreted? Yes and yes. All Supreme Court justices do that. If they are qualified. And original intent judges are qualified. What makes them unfit for that position is that they are too radical. Much more radical than even their supports realize. And they are the only judicial activists on the court today. Because they want to overturn a centuries of precedents and replace it with their bizarre ideology. But some people say, wouldn't our founding fathers support original intent? But I've heard many people say we really don't know what our founding fathers would say. Especially if they were brought to our time and saw how much things have changed. And plus some of founding fathers like Thomas Jefferson (who would be called a liberal today) said things in 1779 like: “Whosoever shall be guilty of Rape, Polygamy, or Sodomy with man or woman shall be punished, if a man, by castration, if a woman, by cutting thro' the cartilage of her nose a hole of one half diameter at the least.” So does it really even matter what they'd support or what they'd say?
Google AI Overview While the question of whether originalists believe the First Amendment applies to the states is complex, most originalists do not believe that the Fourteenth Amendment, which is often used to incorporate the Bill of Rights (including the First Amendment) to the states, was intended to have that effect. They argue that the Fourteenth Amendment was intended to address issues of slavery and racial equality, not to extend the Bill of Rights to the states. Here's a more detailed explanation: The First Amendment's Original Meaning: Originalists interpret the First Amendment as it was understood at the time of its ratification. They argue that the First Amendment primarily limited the power of the federal government, not the states. The Fourteenth Amendment: The Fourteenth Amendment, particularly the Due Process Clause, is often cited as the basis for incorporating the Bill of Rights to the states. However, many originalists argue that the Due Process Clause was not intended to create a "substantive" component, meaning it was not intended to protect specific individual rights against state action. Incorporation Doctrine: The idea that the Bill of Rights applies to the states through the Fourteenth Amendment is known as the incorporation doctrine. Many originalists disagree with this doctrine, arguing that it is inconsistent with the original understanding of the Constitution. State vs. Federal Power: Originalists emphasize the limited powers of the federal government and the greater autonomy of the states. They believe that the states should have greater leeway in regulating activities that might be subject to First Amendment scrutiny at the federal level...
Like Warren Burger, the very conservative Warren Burger, once said. The Second and Third Amendments are relics from the past. And those things just never happened. The federal government imposed a tyranny over state militias. And the federal government never quartered troops in houses during times of war. The British government did during the American Revolution. But that never happened here. The US Senate is a relic of the past too. It's based on the Connecticut Compromise and the equality of the states. Back then they thought that the big states shouldn't have more power in the legislature than the smaller ones. Because back then all of the thirteen original states were equal. We know that's nonsense now. Of course states with a bigger population should have more power. Saying they're equal in political power to the smaller states leads to a tyranny of the smaller states. Most of which are controlled by Republicans and ultra conservatives now. But conservatives in this country love it. Some of them want to rewrite the constitution and do away with the House of Representatives, even. And they love the electoral college. We need more of that too, they say.
Remembering just recently they were trying to eliminate the Senate Fillibuster. Now it is a crucial plank in The Resistance. Have they learned anything? On Smaller States, Oh Yes: they are all driving distance from here in Jersey. I would not say politicians like Sheldon Whitehouse, Richard Blumenthal, Corey Booker, Elizabeth Warren or Joe Biden are conservatives. But these states do have wealth; and big tax bills. They were all unhappy with the capping of the SALT tax at: $10,000.00 deductable for state taxes on a federal 1040 tax return. Some of the top properties could pay upwards of $100,000.00 in annual property taxes. SALT: State And Local Tax.
