Hillary Clinton Schools Handmaiden Barrett on Originalism

[bigtree]

Hillary Clinton @HillaryClinton 10m
At the time the Constitution was ratified, women couldn't vote, much less be judges.

Link to tweet

[Trumpocalypse]

1. Sarah Cooper had a great response

Link to tweet

[StTimofEdenRoc]

21. Wouldn't an originalist interpretation set the number of electoral votes at 1 for every 30000

resident plus 2 for each state?

[betsuni]

2. K&R

[Lars39]

3. She looks like a young Delores Umbridge

[volstork]

11. Dolores Umbridge

was ever young?!?!

[Lars39]

18. Good point.

[Harker]

12. She does.

I likely would never have noticed, had you not mentioned it.

[Lars39]

16. And now I can't unsee it lol

[Harker]

20. We're stuck with it. n/t

[unblock]

4. FWIW, there were a small number of women judges before women got the right to vote.

At least in some states. Not sure if any were at the federal level. There was one for d.c. family court so technically that was federally appointed

[bigtree]

6. sort of

In 1884, the District of Columbia trial court appointed Marilla Ricker to the position of United States Commissioner. In 1886, the first woman to graduate from Pennsylvania Law School was appointed master in chancery for the city of Philadelphia. By 1907, Evanston, Illinois elected a woman, Catherine Waugh McCulloch to serve as a justice of the peace.

In 1914, Georgia Bullock was appointed the "woman judge" of Los Angeles, in charge of a court segregated by sex where "she would serve as a model of Victorian ideals of womanhood for female misdemeanants."

https://en.wikipedia.org/wiki/Women_in_the_United_States_judiciary

[Coleman]

5. Actually she doesn't since there is an amendment

A better example would be the 14th Amendments equal protection clause. The original intent was that applied only to male african americans. So according to her it cannot be used to support LGBTQ and women's rights. Or even white male rights.

Also look at the 2nd Amendment. Scalia, an originalist, believed this meant that a person can own any weapon that is carried by the basic infantryman. At one of his speaking engagements, he was asked if this included hand grenades and he answered "Yes."

[CrispyQ]

9. Clever attorneys used the 14th to argue for Constitutional rights for corporations.

So we should revoke corporate personhood. A lot of ills in this country could be righted if we did that.

[TryLogic]

17. Corporations are not persons !!!!!!!!!!!!

[jmowreader]

26. That would lead to massive abuses

In the USA, only “persons” can be required to obey the law.

Revoke corporate personhood and they’ll be like “now we can do anything we want!”

[CrispyQ]

31. All legal persons must follow the law

and that includes natural persons, (humans), & all artificial persons (corporations, small businesses, labor unions, governments, civics groups, churches, and any other type of group formed by some type of legal process). Corporations, however, have claimed & demanded the same personhood rights as natural persons, unlike the other artificial persons, who just have the privileges that we (natural persons) grant them.

https://en.wikipedia.org/wiki/Legal_person

So we have these powerful, wealthy entities that never die, competing with us for things like our natural resources, working against us on issues like clean water & safe medications. The framers never meant for corporations to have the same rights as living breathing people.

https://vault.sierraclub.org/sierra/200509/corporation.asp

[Moostache]

24. This is specifically why I think we need to support Roe with the 13th and NOT the 14th Amendment.

The 14th for equal protection is what prevents states from outlawing abortion NOW...but if abortion rights are upheld on a 13th Amendment (which states: "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction) challenge, that could bar states from passing laws to limit access to abortion as an infringement on the involuntary servitude language of the 13th...

Shit, at this point, I believe ANYTHING that supports and maintains a WOMAN'S RIGHT TO CHOOSE should be seriously on the table...ACB is going to be 100% across the board arch-conservative, period. We're wasting time asking her questions as if that fact were seriously in doubt.

[CrispyQ]

32. Totally agree about the 13th!

Why aren't the pro-choice groups using this argument?

https://www.democraticunderground.com/?com=view_post&forum=1002&pid=14285545

[SergeStorms]

28. They had hand grenades....

when the Constitution was written and ratified? Seems like Scalia contradicted himself there on originalism.

[Bernardo de La Paz]

7. Barrett would like to have slaves, perhaps. That was originalism. . . . nt

[area51]

8. This is something I was hoping would be brought up to Barrett's

hypocritical face, that as a female, she should not have the ability to be a judge, and to take an SC position that could have gone to a man.

[crickets]

10. 👆 This.

[PunkinPi]

13. Excellent. K&R

Have to say I liked Mayor Lori Lightfoot's response as well...

Link to tweet

The Constitution didn't even recognize me as a human being when it was first ratified. So, no, I am not a Constitutional originalist.

[Reader Rabbit]

14. In which case Barrett would need to recuse herself from the nomination.

Can someone add that to their line of questioning?

[calimary]

15. I personally don't want to have to go back to horse 'n' buggy transportation, day to day.

But that certainly would take care of the airlines that are yowling for more money, 'eh?

Well, at the time the Constitution was written, there were no airplanes. So by that logic, this is what should rule all things now, 'eh?

[TryLogic]

19. Subscribing to originalism? She is a damn fool. (Another one)

[BKDem]

27. It's becoming clear to me that Amy just isn't very bright.

[Upthevibe]

22. Kick....n/t

[olegramps]

23. If she was an originalist she would be home scrubbing floors and doing laundry.

Women were owned and men ruled. They either shut their mouth and got dinner or a fist. They were treated like shit in most cases. I wonder if she thinks that she can get in her Time Machine and go back totally understand the intent of the Founders.

[wcollar]

25. And if she got sick

she'd better like barber surgeons, no antibiotics, no concept of bacteria and viri.
Better ask her how she feels about leaches and bloodletting.

[RGTIndy]

29. Originalism is a fraud. It's always been a fraud.

It's just a handy tool for reactionaries to be reactionary. But as anyone who reads cases knows, it is regularly abandoned (without acknowledgement or even comment) when it can't be used to reach an outcome that benefits the rich and powerful.

[czarjak]

30. "ALL MEN ARE CREATED EQUAL"...

They’re favorite part?