Discover and read the best of Twitter Threads about #livingconstitutionalism
Most recents (1)
Happy #IndigenousPeoplesDay! "Conservative" advocates before the Supreme Court are challenging federal Indian law as unconstitutional. Friendly reminder that #originalism means #landback. It means Native people get Louisiana and everything west. 1/
justsecurity.org/83460/on-indig…
justsecurity.org/83460/on-indig…
The framing generation never envisioned treaty or territory powers able to incorporate huge new swathes of land and peoples. Only those peoples in the map consented to and ratified the constitution. Want to stretch the US from sea to shining sea? Amend the Constitution. 2/
No amendment? Then #originalism means that we cannot constitutionally hold those lands or peoples as part of the United States. Not just that, but Hawai'i, Alaska, Puerto Rico, American Samoa, &c. All gone. This isn't realistic, you say. 3/
