Are You an Originalist?

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Kevin R
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Location: MO

Are You an Originalist?

Post by Kevin R » Wed Jul 13, 2005 9:25 pm

Take this simple test to find out.

From Ed Whelan.

Q. The Constitution provides, as one of the criteria to be eligible to become president, that a person must be a "natural born Citizen" (or, alternatively, in a provision that long ago ceased to apply to any living persons, "a Citizen of the United States, at the time of the Adoption of this Constitution") How would you figure out what the phrase "natural born Citizen" means?

(A) You would determine that the "natural born Citizen" requirement, whatever it means, is obviously a relic of a benighted and xenophobic past, a past that "evolving standards of decency," as reflected in modern European electoral practices, requires be abandoned. It simply isn't fair, you would conclude, that any candidates should be excluded by such an arbitrary requirement from running for president. You would invoke "the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life" as you instead substituted your own arbitrary criteria for eligibility.

(B) You would try to discern the current meaning of the phrase "natural born Citizen." Its closest connection would appear to be to the concept of natural childbirth. Therefore, you would conclude that only those whose mothers did not use drugs during birth satisfy the requirement.

(C) You would look to literature as your guide. Macbeth finds great comfort in the promise that "none of woman born/Shall harm" him. But his comfort proves unwarranted when Macduff, who "was from his mother's womb/Untimely ripp'd," kills Macbeth. It follows that anyone whose birth was by Cesarean section is not a "natural born Citizen."

(D) You would try to determine the public meaning of the "natural born Citizen" requirement at the time that the Constitution was adopted.

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I answered correctly, confirming my originalist outlook :wink:
"Free trade, one of the greatest blessings which a government can confer on a people, is in almost every country unpopular."

-Thomas Macaulay

Ralph
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Post by Ralph » Wed Jul 13, 2005 9:35 pm

Kevin,

I have no idea how you obtained a problem from my Fall 2004 Con Law final exam but you have no business posting it here: it's copyrighted. You'll be hearing from my lawyer.
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"Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."

Albert Einstein

Corlyss_D
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Post by Corlyss_D » Wed Jul 13, 2005 10:46 pm

I thought instantly of Frankenstein's monster. Would he be disenfranchised by this obviously biased term????
Corlyss
Contessa d'EM, a carbon-based life form

Brendan

Post by Brendan » Wed Jul 13, 2005 11:41 pm

Adopted kids are fine, but expect the Clone Wars to begin in a decade or so. http://www.jcics.org/natural%20born%20s ... (word).doc

Kevin R
Posts: 1672
Joined: Wed Nov 17, 2004 1:15 am
Location: MO

Post by Kevin R » Thu Jul 14, 2005 2:29 am

Ralph wrote:Kevin,

I have no idea how you obtained a problem from my Fall 2004 Con Law final exam but you have no business posting it here: it's copyrighted. You'll be hearing from my lawyer.
Ralph,

How about a few bucks under the table to make this all go away?
"Free trade, one of the greatest blessings which a government can confer on a people, is in almost every country unpopular."

-Thomas Macaulay

Ralph
Dittersdorf Specialist & CMG NY Host
Posts: 20990
Joined: Fri Mar 25, 2005 6:54 am
Location: Paradise on Earth, New York, NY

Post by Ralph » Thu Jul 14, 2005 5:00 am

Kevin R wrote:
Ralph wrote:Kevin,

I have no idea how you obtained a problem from my Fall 2004 Con Law final exam but you have no business posting it here: it's copyrighted. You'll be hearing from my lawyer.
Ralph,

How about a few bucks under the table to make this all go away?
*****

No problem-I assume you're check is in the cybermail.
Image

"Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."

Albert Einstein

Barry
Posts: 10342
Joined: Fri Apr 02, 2004 3:50 pm

Post by Barry » Thu Jul 14, 2005 8:03 am

I'm consistantly anti-originality (anti-literalist)........be it with the Constitution, the written score of a Beethoven symphony or the bible :).
"If this is coffee, please bring me some tea; but if this is tea, please bring me some coffee." - Abraham Lincoln

"Although prepared for martyrdom, I preferred that it be postponed." - Winston Churchill

"Before I refuse to take your questions, I have an opening statement." - Ronald Reagan

http://www.davidstuff.com/political/wmdquotes.htm
http://www.youtube.com/watch?v=2pbp0hur ... re=related

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