It isnt a theory. Steve Calabresi, one of the founders of the Federalist Society, whom we’d think should be against this interpretation, wrote an article for Reason in support of the original paper.
The core of the argument is that current context is an extremely good match for the context that created the law in the first place. They seem to believe it enough to think it should be regarded as true. For some reason…
So let’s consider incentives. Why would they want to avoid a court case? Is it possible they’d lose and somehow make a radical event take place in US law?
Maybe they believe it is self-preservation in some way, to avoid a historically significant court decision going against them. Or another way, maybe theyre low key trying to somehow move on.
It isnt a theory. Steve Calabresi, one of the founders of the Federalist Society, whom we’d think should be against this interpretation, wrote an article for Reason in support of the original paper.
https://reason.com/volokh/2023/08/10/trump-is-disqualified-from-being-on-any-election-ballots/
The core of the argument is that current context is an extremely good match for the context that created the law in the first place. They seem to believe it enough to think it should be regarded as true. For some reason…
So let’s consider incentives. Why would they want to avoid a court case? Is it possible they’d lose and somehow make a radical event take place in US law?
Maybe they believe it is self-preservation in some way, to avoid a historically significant court decision going against them. Or another way, maybe theyre low key trying to somehow move on.