I'll have more to say about living constitutionalism in a later posting this week, but in the meantime, I wanted to offer a few remarks about Eric Posner's
call for judicial restraint
last week. Eric makes three suggestions in his critique. Eric's first point is that judges should engage in more judicial restraint. Eric's second point is that this is not only his view: There is a growing consensus of other constitutional theorists forming in favor of judicial restraint. Eric's third point is that constitutional theorists should recognize that judges don't pay attention to constitutional theory and don't care what constitutional theorists think.
Am I the only one who sees a potential problem here?
TODAY IN SLATE
The Democrats’ War at Home
How can the president’s party defend itself from the president’s foreign policy blunders?
Congress’ Public Shaming of the Secret Service Was Political Grandstanding at Its Best
Michigan’s Tradition of Football “Toughness” Needs to Go—Starting With Coach Hoke
Windows 8 Was So Bad That Microsoft Will Skip Straight to Windows 10
Homeland Is Good Again! For Now.
Cringing. Ducking. Mumbling.
How GOP candidates react whenever someone brings up reproductive rights or gay marriage.
You Deserve a Pre-cation
The smartest job perk you’ve never heard of.