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by danudey 17 hours ago
At the same time, it's necessary for societies to grow and evolve. Looking back 250 years and saying "This isn't how THEY would have done it" is not always the correct perspective.

Anyway, you don't have to look back to the founding fathers. Go back to 1930's Germany and you can see all the parallels you want, much closer to today's situation and in a much more modern and relevant context.
2 comments
sixothree 13 hours ago
> saying "This isn't how THEY would have done it" is not always the correct perspective

Even though I might agree, it's the primary legal perspective used by the highest court.

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antonvs 17 hours ago
> Looking back 250 years and saying "This isn't how THEY would have done it" is not always the correct perspective.

Sure, but usually when someone raises that, they're doing so because they think it is the correct perspective, and that the founding fathers had a good rationale for their position. It's shorthand for going into the entire history.

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