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Originalism Is A Psyop

Leeja Miller | October 13, 2026



Take your personal data back with Incogni! Use code LEEJA at the link below and get 60% off an annual plan: https://incogni.com/leeja | The concept of constitutional originalism was invented in the 1970s by Robert Bork and popularized by Antonin Scalia as a backlash to progressive policies of the New Deal and the Warren court. Supreme Court reform now!

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Written by Leeja Miller

Comments

This post currently has 44 comments.

  1. @johnashleyhalls

    October 13, 2026 at 1:32 am

    Who would have thought the USA could elect a president that would make Nixon look good. Nixon did get the USA out of Viet Nam and did create the EPA. Now the EPA is becoming an endanger species and a "forever war" has begun again in the Middle East. I hope you guys can have a "family meeting" with the 77 million who brought #47 to office. I get a chance to vote on sending a message to my government on 19 Oct and I take my inspiration from Brexit voter surprise. Chose what method you use as a voter to send a message very carefully.

  2. @badmonkeyking

    October 13, 2026 at 1:32 am

    ads are youtube are getting worse nd worse, with the same ones over nd over, while also when you pause, or try to skip they play over, or you need to refresh have to watch again. at this point i mute them nd won't buy anything from these abusive ads nd people that make them.

  3. @lisajusis4040

    October 13, 2026 at 1:32 am

    Any credibility "originalism" as a position of the court might have had went straight out the window in the 2000 Florida election. The Constitution provides a framework for what to do when a state is disputed, and the Supreme Court has nothing to do with it. With Florida's political makeup, Bush would have been proffered over Gore if the Constitutional procedure had been followed. They wouldn't even follow their own rules whe in wouldn't cost them anything.

  4. @stealthhumor

    October 13, 2026 at 1:32 am

    The inevitable will never happen. John Jay said it best, "Those who own the country ought to govern it." The predator class will never allow American citizens to usurp their power over the infrastructure of the country. It's never worked that way and never will.

  5. @Zeupater

    October 13, 2026 at 1:32 am

    Nobody knows what the original meaning was. In other words, it means whatever you want it to mean while pretending to honor some fictional past. It's just about the definition of reactionary.

  6. @easyrider3112

    October 13, 2026 at 1:32 am

    Everything you just said can be boiled down into one statement. "Everything is evil because I don't like how things are going."

    You have a well informed opition that doesn't use any of the facts you state in an objective way.

  7. @beckmordini4785

    October 13, 2026 at 1:32 am

    Thank you for bringing it back to campaign finance reform. It is outrageous the money is considered speech. Money is not speech. Corporations are not people. It is pure nonsense designed to give people with the most money the most power. I don't recall if the reforms in the 2025 HR 1 For the People Act addressed this- but it was comprehensive reform, passed by the House, blocked by the Senate.

  8. @mitre1

    October 13, 2026 at 1:32 am

    The decision in Marbury v Madison is not supported by the original text of the constitution. A true origionalist would decline to engage in judicial review.

  9. @gfsrow

    October 13, 2026 at 1:32 am

    Well done. Thank you. This is very helpful. I think, also, that "originalism" is not unlike the methodology employed by literalists when they insist on taking every word of sacred text at face value, without considering the context within which those words were first written and also the context within which we are now reading them (e.g., the advances of Darwin and Einstein and Hubble and DNA and psychology and neuroscience and the biological sciences, etc., etc., etc.). Hence they insist that biblical material, first written 3,000 or 4,000 years ago, is the "inerrant word of God" and must be accepted word-for-word (not to mention the dilemmas of multiple translations, still-surviving texts, etc.). It's not surprising that today's fundamentalists are essentially synonymous with the religious right and Republicans. Which is also the case globally: ISIS, the Taliban, Al Qaeda, Hindu Nationalists, etc., all want the same thing: – they want to force all of us into yesterday, back into a world of pre-Darwinian patriarchy. Republicans and fundamentalists and so-called "originalists" are no different. They love fiction and "originalism" has given them an excuse to embrace their own beliefs (that amount to fiction – and ignoring all that we've been learning in recent years and decades about the world and about ourselves and the universe). If I may say so, this is one of your better presentations. Again, it's very interesting and very helpful. Thank you.

  10. @maxroberts7393

    October 13, 2026 at 1:32 am

    Leeja, Your interpretation beats ALL for PURE 'originalism'. Yet your originalism is of a later-day kind. The originalism you berate, however, condemns our founders. It is true, the founders could not plan for every problem modernity would pose. Yet, much more than today's decision-makers, they were people of affairs experienced in all practical problems that people trying to design a productive, harmonious society would ever face. Now ever narrower specialists decide for communities large and small

    The 1st thing the Constitution laid down was to make lawmaking No 1. Alas! Long ago, most serious lawmaking soon defaulted to the judicial branch. Had Congress done its work the put-up job that became Plessy v Ferguson would never have been. What some conclude occurred in the normal course of events, was engineered well ahead. When the Sup Ct pulled Plessy out of their asses, most states in the Union were anti-slavery. So Congress could have forestalled segregation as okay law. .

    When Blackmun, J, wrote the Roe v Wade decision, he was likely the Sup Ct's ablest member. So he was tasked with finding where the Constitution not only smrntioned abortion, but where it said every woman had a right to one. He later acknowledged that his decion's foundation was weak indeed. Entirely made up is more truthful.

    What better place to have Congress pass a law leaving abortion to each state or to initiate a Constitutional amendment doing the same?

    Some judges are sensible, but after very long making up rationales to justify what they already believe anyway, they tend to grow ridiculous. The best way to change laws is by lawmakers. Yet, for too many lawmakers now serving in Congress, congressional office has become a sinecure where most congressional effort aims at re-election. I liken Congress to kiddies having a grand time splashing away in the kiddie pool.

  11. @asm-6547

    October 13, 2026 at 1:32 am

    Crazy that I agree with her on 99% of things but she comes off so pissy and unlikeable that I couldn’t get past her attitude. We’re gonna be stuck with republicans foreveršŸ˜…

  12. @NoWay1969

    October 13, 2026 at 1:32 am

    I think these people are not originalist enough. I want 🐻 bear arms_🐻 goddmit! Our founding fathers had the foresight, the divine insight to promise something that wasn't even possible at the time, _bear arms. I want my Second Amendment right to have bear arms. Maybe through genetic manipulation. Maybe through a transplant, but we all have a right to bear arms, and it's spelled out as plain as day to anyone who takes the time to read our Constitution.

  13. @georgehooper159

    October 13, 2026 at 1:32 am

    It's a fraud. James Madison said in the National Gazette 1792 that the greatest danger to republics is faction, splitting society into irreconcilable parts. He also said the best way to prevent this was to tax he rich to mediority and support the poor to comfort. We forgot this to our own destruction. And that was largely because for eightty years republicans lied about the Founders' attitude towards government.

  14. @johnbarker419

    October 13, 2026 at 1:32 am

    The criminality of today's GOP is traceable directly to Nixon on multiple threads, across multiple subjects, involving multipe Nixon advisors who continued to spread the infection across the decades and everywhere they went.

    I didn't know Bork was one of the originators of Originalism. It's always been a scam, with the most charitable position being that it keeps us locked into a spectacularly backward era of human rights and governance.

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