Constitutional Interpretation, Originalism and a Living Constitution
Posted on Tue Oct 10, 2006 at 07:21:45 AM EST
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(Guest Post from Big Tent Democrat)
It seems undeniable to me that Dred Scott was a results oriented decision. And in that respect, Lemieux's statement that "[a]spirational" jurisprudence is only as good as the aspirations of the judge involved" is obviously correct. However, that does the "theory of a living Constitution" short shrift. The theory (or at least my theory) of a Living Constitution does not rest on "aspirational jurisprudence", but rather on common law judicial principles and the Constitution itself.
More on this on the other side.
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