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The problem with originalism is not originalism

Interesting piece in Public Discourse on “Originalism and Judicial Restraint”. Let me add a few thoughts: the “problem” with originalism is that sometimes people fail in their good-faith attempts to reach the correct interpretative conclusion. Meaning that the problem with originalism is not originalism: it is human error, which is variable we cannot remove from the interpretive equation regardless of the methodological tools we deploy. As with intentionalism, it is

Department of Labor: All your little farm children are belong to us!

Remember: if one regulation is just and useful — say, putting a cap on the number of hours per week a child under a certain age can work in a factory — than all federal regulations are just and righteous, and if you don’t happen to agree with them, you are a vicious, mercenary capitalist who, given the chance, would have bent Upton Sinclair over a butcher block and buggered

Deconstruction! Or, “Your tax dollars went to lobbying for higher taxes”

Which makes sense, I guess, in a country where so many of your tax dollars go to grow the very government that molests you hourly in ways both big and small. Time was, you wanted to be threatened and spanked, you put on a rubber gimp suit and ball gag and got bullwhipped by a butter-faced dominatrix like every other self-respecting rugged American individualist. You didn’t expect the government to

“Petroleum Industry Calls Interior Secretary’s Oil Claims ‘Fundamentally Absurd’”

Which, I’m pretty sure is racist. Meanwhile, in yet more racist hate speech, experts at the Institute for Energy Research smear Obama over the President’s very bold public energy claims: On Saturday, President Barack Obama claimed that under his administration, oil production in America was “at an eight-year high,” that the number of operating oil rigs had quadrupled, and that millions of acres had been opened for drilling, which were

“Thursday is ‘Poolmageddon’ for trial lawyers”

But no worries. After all, these are the same people who are helping beat off the marauding right wing savages who are waging a War on Women — so clearly they have nothing but the best intentions when it comes to bravely protecting the civil rights of the differently abled from Big Recreation. They are noble, you see. Champions of the marginalized and the forgotten. And honestly, why do you

A solution in search of a problem

That’s how AG Eric Holder sees voter ID laws, voter fraud being so uncommon and all. While the racism of whites, which leads to voter suppression, is constant and unchangeable. But then, Soledad O’Brien and others keep telling me that I’m misunderstanding Critical Race Theory, and so can’t possibly track its manifestations in public policy. In other words, it’s a Black Thing, and I wouldn’t understand. Except inasmuch as I’m

things to do in Denver when you’re dead, #74

Well, I’ve always wanted to try baking scones. After finding out what exactly a scone is. Besides being something bake-able, I mean. Short of that, I guess I can just kind of sit back and wait on Peyton Manning like everyone else.

Joe Biden – National Treasure [Darleen Click]

I got nothin’ more to add … Vice President Joe Biden addressed 87 wealthy Democrats last night attending a fundraiser at the home of Sen. John Kerry in Georgetown. As they dined on grass-fed New York strip steaks and white truffle mashed potatos underneath a outdoor tent, Biden criticized Republicans for being out of touch. “These guys don’t have a sense of the average folks out there,” Biden said according

“CBO: New 10-year projected cost of ObamaCare is … $1.76 trillion”

And if you think a near doubling of the estimated cost since passage is impressive, just wait until the thing finally gets implemented! Of course, on the glass-half-full side, free condoms / spermicidal sponges. So, you know — we’ll just call it even. Thanks, Dr Obama! (h/t JD)

To those who care about such things

Just hit a new high on the hub lift, which mimics lifting old York barbell plates by their inside hubs. Pulled 42.5 lbs with both hands, on my way to an actual 45# York plate hub lift. My previous high, which I hit last summer, was 40#. For a while I’d been regressing on this particular lift — while I was fighting off injuries over the winter, I was lucky