Monday, May 12, 2008 - Posts
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By this point, Eric well knows my originalist views on constitutional interpretation and how I disagree with Justice Scalia's version of orignalism; so the first paragraph of Eric's latest post , where he wonders aloud about what I meant in my criticism Read More...
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Yes , says Jack, but how can one compare the honesty of a person and a theory? It's like saying that the theory of evolution is more honest than William Paley. Jack might mean that Scalia doesn't apply his theory of originalism honestly, or he might mean Read More...
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I was pleased to open the Legal Times this morning [subscription required] and discover that the next issue of the The Green Bag will feature a newly discovered copy of William Rehnquist's parody of Gilbert & Sullivan's Mikado , featuring the Vinson Read More...
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It seems fitting that Justice John Paul Stevens chose Chattanooga, Tenn., for his first public comments since he declared that capital punishment is unconstitutional with these words in Baze v. Rees : [T]he imposition of the death penalty represents "the Read More...
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I'm disturbed to read an equation of "populism" with a certain ideology . It's a feint that, as Deborah points out, is not empirically entrenched. Indeed, results in this primary election cycle strongly suggest that with the right messenger, the populace Read More...
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Before I respond to Orin's thoughtful post, let me back up to Dahlia's diagnosis for a second - a diagnosis that I think amounts to saying that conservatives have been broadly more successful than progressives in persuading folks that originalism is the Read More...
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I would amend Orin Kerr 's remarks about liberal constitutionalism slightly. There are three things liberal constitutionalism has going for it, three reasons why it is superior to the snake oil that Justice Scalia has recently been selling in public. Read More...
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Deb and Dahlia , I think Scalia's argument resonates because it is rooted in populism. My sense is that this leaves liberal constitutionalists with two basic ways to sell the competing product. First, try to out-populist the populists. And second, focus Read More...
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