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Old 08-28-2019, 08:28 PM
tomndebb is offline
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Scalia is often lumped with originalists, but I am pretty sure that he was a textualist. From that perspective, it does not matter what the author desired, it is a matter of what he actually said. Bringing in all the Founding Fathers to re-convene the Constitutional convention would have no bearing on current interpretation because if the authors goofed and said the wrong thing, that is how the law should be decided.

Of course, we still get no satisfaction in appealing to texts, as the recent decision demonstrates with Scalia and company's decision to simply ignore (or handwave away), the opening clause of the 2d Amendment.