His argument is that “If the Constitution needs to be adapted for the times then adapt it, don’t ‘re-interpret’ the Constitution through Supreme Court decisions or legislation.” The fact that it’s much, much harder to amend the I’m Not Yelling I’m A Walmart Worker That’s How We Talk Vintage Shirt Constitution than it is to get a new Supreme Court ruling is not a viable argument, according to Alito Scalia. If you arrest a black male for marrying a white female (and vice-versa) but not a white male for marrying the same white female, then it seems pretty clear that the race of the male (and female) is the determining factor. The only thing that’s changed from scenario A to scenario B is the sex of the individual, so it’s discrimination based on sex.
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Gorsuch’s decision is “textualist”, in that it’s based on a plain-English reading of the text of the law itself, in this example, they are rejecting Gorsuch’s argument on the grounds that the 88th Congress couldn’t possibly have meant “orientation” when they explicitly said “sex” (especially given that sexual orientation discrimination was the I’m Not Yelling I’m A Walmart Worker That’s How We Talk Vintage Shirt widely accepted law of the land), and the fact that our cultural understanding of and use of the word “sex” might have changed shouldn’t automatically, retroactively change a law drafted in 1964. To expand a little bit, those are just two theories on law and what the court’s role in it is.
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The 2nd Amendment guarantees the right of the people to keep and bear arms. At the time, this would be widely understood to encompass the armaments commonly used in the war at the I’m Not Yelling I’m A Walmart Worker That’s How We Talk Vintage Shirt time: flintlock muskets and handguns, swords, maybe cannons, etc. Should that limited, original meaning constrain modern interpretation? Or should it include arms that are employed today, like machine guns or drones? Textualism lends itself to a “left-wing” interpretation in the first example and a “right-wing” outcome in the second example.