5,574 karma · joined December 19, 2014
If that were true about the human condition in the same way that it’s true for conservation of mass, we wouldn't be living longer and healthier lives than our forebears. Yet here we are.
Of course we should be aware of side-effects. But there’s no law of nature that says there have to be any serious ones.
When it comes to interpreting the constitution, conservatives likewise tend to be focused on the point of view at enactment. But it’s even more of a fiction to say that the states had a single point of view, and in any case, the text of the constitution often isn’t precise in the way contemporary statutes are. So the conservatives are guided more strongly by the historical evidence about what the sovereign states would have “understood” themselves to be giving up, in replacing the Articles of Confederation with a central federal government.
Given that, they interpret the Fourth Amendment by reference to the historical evidence of what phenomena it was responding to. And as a historical matter, the aim of the amendment was to require warrants, not to narrow the scope of what could be searched or seized. So where there’s probable cause that a crime has been committed, a warrant may issue, and it can be directed at the property that “committed” the crime, since that was a known practice in English law at the time.
Sure, if minds were logic engines pre-loaded with true axioms. But none of us believes only true things from the get-go, so the capability of a mythical “rational mind” doesn’t offer much guidance for humans who need to decide whether or not to discard an existing belief.
That is, creativity fundamentally comes from internalized knowledge (as the article says) but internalized knowledge doesn’t necessarily come from memorization.