Tag: US Constitution

Contributor Post Created with Sketch. The Problem with ‘Common Good Constitutionalism’

 

In 1980, Stanford Law School Professor Paul Brest wrote his famous article, “The Misconceived Quest for An Original Understanding,” in which he defined “originalism” as an “approach to constitutional adjudication that accords binding authority to the text of the Constitution or the intentions of its adopters.” Brest concluded that originalism failed to deal adequately with two fundamental problems: the multiple intentions of different parties, and the danger of constitutional obsolescence attributable to changed circumstances.

Brest’s skeptical view of originalism was quickly championed by other writers, most notably the legal scholar Ronald Dworkin, who advocated a “moral reading” of the Constitution. In his book Freedom’s Law, Dworkin treats the text as the basis for understanding key constitutional conceptions like liberty, equality, and dignity, which judges, lawyers, and citizens have to flesh out under some ideal normative theory.

This anti-originalist approach has generated a strong backlash from scholars like Georgetown’s Randy Barnett, who argues that the detour into moral theory gives modern judges carte blanche to read every fashionable idea into the Constitution, until different constitutional moralists have reduced the stature of the Constitution from the supreme law of the land into a pitiable Tower of Babel. Hence the constant originalist refrain that constitutional terms have to be interpreted in accordance with their established public meaning.

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I am loathe to use an entire topic to ask this, but it seems to be an important question. There is a section of the Constitution that stipulates that Congress shall do nothing to promote a nobility. (Article I, Section 9, Clause 8.) Preview Open

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This is an interview of Russel Means, An American Indian activist, accountant and computer programmer. His thoughts on the monetary/economic situation is in accord with those of Donald Trump, who currently might be trying to overthrow the Federal Reserve. This interview took place in 2011. Means died in October 2012:   Preview Open

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During the 2016 election, my conservative county and specifically, my neighborhood, sported a few Hillary signs, but more noticeably were the Bernie Sanders signs. One neighbor is a young couple with little children, self-employed, successful and Bernie was gracing their driveway. That gave me pause. At one point, he was almost neck and neck with […]

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This week on Banter, James Wallner and Peter Hanson joined the show to discuss the possibility and repercussions of reforming or abolishing the Senate filibuster. Wallner is a senior fellow of the R Street Institute whose research focuses on Congress, particularly the Senate. Hanson is an assistant professor of political science at Grinnell College who specializes in American politics and constitutional law. Both participated in an event at AEI debating the use of the Senate filibuster as a means of fostering deliberation.

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Thesis: For 55 years conservatives would eventually win every argument on economics, trade, and immigration by chaining liberals to the whippin’ post of data analytics. America is now on the brink of ruin, conservatism on the brink of irrelevancy, and the two political parties are stranded on terra incognita. If conservatives don’t stop winning arguments […]

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When a computer or program takes a while to complete its given task, I’ve found that my patience is proportional to its transparency. If I know it’s making progress, I’m willing to wait. But if I can’t see whether it’s making progress, spinning its wheels, or completely jammed, then the delay is infuriating. I assume […]

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