@davidfrye.bsky.social
Warning: I block 90% of the "people" who follow me.
I guess you could read it this way, but I read his conclusion as arguing that originalism should not apply to 14th Amendment guarantees.
December 6, 2025 at 4:28 PM
I guess you could read it this way, but I read his conclusion as arguing that originalism should not apply to 14th Amendment guarantees.
It is painfully obvious that he does not include Black Americans among the collectivity of "the American people" or "the Southern States" -- in some of which Black people constituted the majority.
December 6, 2025 at 4:26 PM
It is painfully obvious that he does not include Black Americans among the collectivity of "the American people" or "the Southern States" -- in some of which Black people constituted the majority.
Especially when you focus on his (historically illiterate) interpretation of why he sees the 14th as illegitimate: "it was ratified not by the collective assent of the American people, but rather at gunpoint."
December 6, 2025 at 4:25 PM
Especially when you focus on his (historically illiterate) interpretation of why he sees the 14th as illegitimate: "it was ratified not by the collective assent of the American people, but rather at gunpoint."
I read his piece as arguing the opposite: originalism has legitimacy (in his view) because it derives from a principle of popular sovereignty, but because (in his view) the 14th was passed without majority input, it is inherently illegitimate. Sounds more like an argument for dumping the 14th.
December 6, 2025 at 4:22 PM
I read his piece as arguing the opposite: originalism has legitimacy (in his view) because it derives from a principle of popular sovereignty, but because (in his view) the 14th was passed without majority input, it is inherently illegitimate. Sounds more like an argument for dumping the 14th.
I'm not a lawyer but that does not sound like her argument. In the footnote she cites an originalist, not a liberal, who raises objections to the amendment.
December 5, 2025 at 11:39 PM
I'm not a lawyer but that does not sound like her argument. In the footnote she cites an originalist, not a liberal, who raises objections to the amendment.
Thanks for writing this!
Typo at the end of par 3: "take serious, aggressive stands in favor of dramatic and sweeping." (should read: sweeping change" or "sweeping reform")
Typo at the end of par 3: "take serious, aggressive stands in favor of dramatic and sweeping." (should read: sweeping change" or "sweeping reform")
December 5, 2025 at 8:29 PM
Thanks for writing this!
Typo at the end of par 3: "take serious, aggressive stands in favor of dramatic and sweeping." (should read: sweeping change" or "sweeping reform")
Typo at the end of par 3: "take serious, aggressive stands in favor of dramatic and sweeping." (should read: sweeping change" or "sweeping reform")
In the future, December 5th will be celebrated as Donald Trump Wins a Participation Trophy Day
December 5, 2025 at 8:12 PM
In the future, December 5th will be celebrated as Donald Trump Wins a Participation Trophy Day
One more time: this is how Barrett described the 14th Amendment in a 2016 law journal article
December 5, 2025 at 8:09 PM
One more time: this is how Barrett described the 14th Amendment in a 2016 law journal article
This is how Amy Coney Barrett described the 14th Amendment in a 2016 law journal article, "Congressional Originalism."
December 5, 2025 at 8:07 PM
This is how Amy Coney Barrett described the 14th Amendment in a 2016 law journal article, "Congressional Originalism."
They want to kill people. That is their goal.
December 5, 2025 at 5:35 PM
They want to kill people. That is their goal.
Who has seen any evidence that any of the ~20 targeted boats were trafficking drugs? Or that they were bound for the US? Do the US attackers collect evidence from the wreckage? Has DOD made any evidence public, or explained why they haven't done so? (Real questions)
December 5, 2025 at 1:32 AM
Who has seen any evidence that any of the ~20 targeted boats were trafficking drugs? Or that they were bound for the US? Do the US attackers collect evidence from the wreckage? Has DOD made any evidence public, or explained why they haven't done so? (Real questions)
Have they ever shown any evidence that these boats are even carrying drugs to begin with?
December 4, 2025 at 9:22 PM
Have they ever shown any evidence that these boats are even carrying drugs to begin with?
Objectively speaking, Tom Cotton is evil.
December 4, 2025 at 7:00 PM
Objectively speaking, Tom Cotton is evil.
Follow up question. When you say "shooting at your ideal," do you mean "give your ideal no quarter?"
December 4, 2025 at 3:41 AM
Follow up question. When you say "shooting at your ideal," do you mean "give your ideal no quarter?"
I mean... If he wasn't a NYT columnist I could see him writing a substack with maybe 4000 followers in his spare time
December 3, 2025 at 5:33 PM
I mean... If he wasn't a NYT columnist I could see him writing a substack with maybe 4000 followers in his spare time
I read a couple of Douthat columns a while ago. Never could figure out why anybody reads him at all, much less why they print him.
December 3, 2025 at 5:00 PM
I read a couple of Douthat columns a while ago. Never could figure out why anybody reads him at all, much less why they print him.
Or that he likes to commit crimes and get away with it, proving that he really is a special boy.
December 3, 2025 at 4:57 PM
Or that he likes to commit crimes and get away with it, proving that he really is a special boy.
Still can't beat Sinclair Lewis's 1935 diagnosis: "It is difficult to get a man to understand something, when his salary depends upon his not understanding it." In the case of these pundits, not understanding politics (or really anything) is their whole brand.
December 3, 2025 at 4:55 AM
Still can't beat Sinclair Lewis's 1935 diagnosis: "It is difficult to get a man to understand something, when his salary depends upon his not understanding it." In the case of these pundits, not understanding politics (or really anything) is their whole brand.
You'd have to be a fool to work for trump and not insist on being paid in advance
December 1, 2025 at 2:53 PM
You'd have to be a fool to work for trump and not insist on being paid in advance
This is 100% true. My elderly relative in NYC was scammed out of $15K (they were aiming for MUCH more, fortunately the bank teller intervened). NYPD had zero interest in the case.
November 30, 2025 at 7:23 PM
This is 100% true. My elderly relative in NYC was scammed out of $15K (they were aiming for MUCH more, fortunately the bank teller intervened). NYPD had zero interest in the case.
Serious question: who pays to get the window fixed? Obviously it should be ICE but my guess would be that the kid gets stuck with the bill for the damage they did to him.
November 23, 2025 at 3:01 PM
Serious question: who pays to get the window fixed? Obviously it should be ICE but my guess would be that the kid gets stuck with the bill for the damage they did to him.
I am dying to know what new film scanner Mr Bouie got
November 22, 2025 at 6:34 PM
I am dying to know what new film scanner Mr Bouie got
The thing about trump is that he's acting like he's consolidated one party rule... but he hasn't. Oops.
November 19, 2025 at 4:47 PM
The thing about trump is that he's acting like he's consolidated one party rule... but he hasn't. Oops.
Just because the fascists haven't succeeded at consolidating power doesn't mean they're not fascists.
November 18, 2025 at 11:58 PM
Just because the fascists haven't succeeded at consolidating power doesn't mean they're not fascists.