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" ... Given that there had been no tradition of a confederacy of southern states, why canonize its brief existence? It was around for all of four years. Certainly, there was tragedy that many Confederate soldiers went to fight simply because they were forced to. But that the rebels’ struggle was full of sacrifice and risk-taking doesn’t automatically confer nobility on it—what nobility is there in the struggle of today’s Islamic terrorists, who sacrifice life and limb for their worthless goals? ... "
" ... Many argue that Donald Trump speaks to a certain sentimentality or nationalism that some white Americans feel about the country and their position in the U.S. Whether it’s fighting against the removal of Confederate monuments that many Blacks see as a commemoration of the confederacy and a time in American history that sought to actively oppress Blacks or the support of allegedly deadly ICE detention centers, some white Americans seem to be adamant in their fight to steady the needle for increased diversity and cultural inclusivity in America. In this regard, Trump has validated and justified their concerns and fears and normalized their trepidation, as opposed to encouraging them to be open and receptive to learning from other cultures. But many argue that this is a slippery slope. One in which a possible collective fear can evolve into disdain and resentment toward people of color. ... "
" ... Originalists tell citizens who take issue with the interpretation that it is the legislature’s job to write laws and weigh their morality. The judiciary’s job is to interpret the law and assess its constitutionality. But originalism doesn’t take the legislative history since 1789 into account. Civil rights cases are often fought and won in court, because it is nearly impossible to amend the constitution. A minority of states, the former confederacy plus a handful of states in the heartland, plea various civil liberties impede on the religious freedom of the status quo. As a consequence, just over one-third of the states prevent the constitution from being amended -- imposing the views of a minority on the majority. In theory, it should be easy to sell two-thirds of Congress on any number of civil rights laws, but legislative history tells us otherwise. History should’ve taught Gorsuch to know better -- religious freedom is an abused trump card conservative states use to protect the status quo. Originalism indulges that abuse; it is an impractical and prejudicial reading of the law that should be studied, not applied. ... "
" ... The court has approved, in particular, of agencies governed by panels. Spreading control among a number of board members or commissioners, we are told, makes the novel bodies’ autonomy and clout more tolerable. We are to rest easy because, in a committee of five, only a confederacy of at least three may ignore, foil, and defy the president and the public. ... "