Nutshell Profile picture
16 Oct, 8 tweets, 5 min read
@svensrevenge @DanRather 1/ Sorry but that’s where textualism comes in, and she’s both. To apply the law as it meant when originally passed, you have to first decide what it meant when originally passed. So you study the rest of the text and other texts of the day. It’s like the General Welfare clause...
@svensrevenge @DanRather 2/ Article I Section 8...which explains that Congress can collect money (taxes, etc) IOT provide for common defense and general welfare. Which of course means Congress can collect taxes because it’s gonna have to spend money to do the things it’s permitted by enumerated powers.
@svensrevenge @DanRather 3/ but some suggest it means Congress can pass any law it deems promotes the “general welfare”, which of course a textualist realizes is ridiculous, because a document that seeks to proscribe the powers of the gov by enumerating them wouldn’t also put in a clause that is so broad
@svensrevenge @DanRather 4/ and elastic as to mean Congress can do anything at all. Even Madison, who was the primary author, wrote contemporaneously that the general welfare clause doesn’t mean that, or essentially Congress wouldn’t have any limits at all.
@svensrevenge @DanRather 5/ So back to 14th Amendment. It is a reiteration of 5th Amendment (where the due process language originally resides) and other portions but tweaked to disallow denying those rights to freed slaves. So look at due process in 5th Amendment: it clearly deals with rights of...
@svensrevenge @DanRather 6/ the people vis a vis the justice system. No double jeopardy, no self-incrimination, and that due process be provided before a court can kill you (life), jail you (liberty), or confiscate your stuff (property). The 14th Amendment ensures freed blacks get those rights.
@svensrevenge @DanRather 7/7 All that said, where’s abortion in there again? How does an amendment that ensures all citizens receive a fair court hearing before being sentenced to death, jail, or fine also declare a state legislature can’t prohibit the killing of a fetus? Rowe is indeed poorly decided.

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