Comments on: A Puzzle About Originalism http://www.theartofthepossible.net/2008/06/28/a-puzzle-about-originalism/ Thu, 20 Nov 2008 18:30:15 +0000 http://wordpress.org/?v=2.5.1 By: The Art of the Possible » Blog Archive » Scalia on the Loose http://www.theartofthepossible.net/2008/06/28/a-puzzle-about-originalism/#comment-9574 The Art of the Possible » Blog Archive » Scalia on the Loose Thu, 21 Aug 2008 02:51:17 +0000 http://www.theartofthepossible.net/?p=315#comment-9574 [...] a liberal limitation on government, most liberals and conservatives will switch sides.” Right on, and get the smelling salts ready. Posner specifically shows in painstaking detail that so-called [...] [...] a liberal limitation on government, most liberals and conservatives will switch sides.” Right on, and get the smelling salts ready. Posner specifically shows in painstaking detail that so-called [...]

]]> By: The Art of the Possible » Blog Archive » Glibertarians! http://www.theartofthepossible.net/2008/06/28/a-puzzle-about-originalism/#comment-5098 The Art of the Possible » Blog Archive » Glibertarians! Tue, 01 Jul 2008 14:54:35 +0000 http://www.theartofthepossible.net/?p=315#comment-5098 [...] Daniel Koffler: Ha! I love it.... [...] [...] Daniel Koffler: Ha! I love it…. [...]

]]> By: Daniel Koffler http://www.theartofthepossible.net/2008/06/28/a-puzzle-about-originalism/#comment-5030 Daniel Koffler Mon, 30 Jun 2008 19:24:09 +0000 http://www.theartofthepossible.net/?p=315#comment-5030 Ha! I love it. Ha! I love it.

]]> By: Brock http://www.theartofthepossible.net/2008/06/28/a-puzzle-about-originalism/#comment-5026 Brock Mon, 30 Jun 2008 19:07:01 +0000 http://www.theartofthepossible.net/?p=315#comment-5026 Nice post, Daniel, but you could have made it better by including references to David Lewis's "Radical Interpretation" (along with relevant other work from Quine and Davidson), and working out a full-blown theory of legal interpretation in light of their philosophical insights. And if you use this idea for your dissertation, you totally owe me! Nice post, Daniel, but you could have made it better by including references to David Lewis’s “Radical Interpretation” (along with relevant other work from Quine and Davidson), and working out a full-blown theory of legal interpretation in light of their philosophical insights.

And if you use this idea for your dissertation, you totally owe me!

]]> By: Jim Henley http://www.theartofthepossible.net/2008/06/28/a-puzzle-about-originalism/#comment-4931 Jim Henley Sun, 29 Jun 2008 01:01:09 +0000 http://www.theartofthepossible.net/?p=315#comment-4931 Dan, this is all good stuff, and the Ninth Amendment is my girlfriend and boyfriend and perennial summer-camp counselor. That said, some quick alternate takes and demurrals. 1) I think this just shows that the Constitution ultimately fails a people willing to fail it, like the <em>American</em> people. 2) I could argue that indeed, IX + II == Legal personal nukes and howitzers, because the point of the Second is to keep the means of violently overthrowing the government in the hands of "The People," and revolution against a tyrannical government is one of those common-law rights the Ninth surely comprehends. 3) I could also argue that that IX + II == no right to any personal weapons at all, because I have to resort to the evolving understanding of the common-law tradition, and that understanding suggests that the US government has reached the point where it is a practical impossibility to overthrow it or secede from it by violent means. Dan, this is all good stuff, and the Ninth Amendment is my girlfriend and boyfriend and perennial summer-camp counselor. That said, some quick alternate takes and demurrals.

1) I think this just shows that the Constitution ultimately fails a people willing to fail it, like the American people.

2) I could argue that indeed, IX + II == Legal personal nukes and howitzers, because the point of the Second is to keep the means of violently overthrowing the government in the hands of “The People,” and revolution against a tyrannical government is one of those common-law rights the Ninth surely comprehends.

3) I could also argue that that IX + II == no right to any personal weapons at all, because I have to resort to the evolving understanding of the common-law tradition, and that understanding suggests that the US government has reached the point where it is a practical impossibility to overthrow it or secede from it by violent means.

]]> By: Psychopolitik 2.0 » Fake Originalism gets the Gun Clap http://www.theartofthepossible.net/2008/06/28/a-puzzle-about-originalism/#comment-4904 Psychopolitik 2.0 » Fake Originalism gets the Gun Clap Sat, 28 Jun 2008 19:17:49 +0000 http://www.theartofthepossible.net/?p=315#comment-4904 [...] Daniel Koffler: “Scalia is full of shit in a way even deeper & more dangerous than any of us previously [...] [...] Daniel Koffler: “Scalia is full of shit in a way even deeper & more dangerous than any of us previously [...]

]]>