Thursday, February 16, 2017
Originalism and Our
We entails Our. Thus, the cardinality of the former in the Preamble entails that of the latter. Of course, written decades prior to the birth of Marx, this privileging of collective possession can in no way be intended as a commitment of the Constitution to Marxism, and, there is even less reason to read the document as antagonistic to that doctrine. Thus, Scalia's justification for his decision, in 2014, against a proposed EPA regulation, on the grounds of its purported Marxist influence, reflects more his own Economic prejudices than any intentions that he or any other Originalist might attribute to the Founding Fathers.
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