New parlor game. Name a Supreme Court case in which constitutional history was determinative.
.@crgreen24601 @barryfriedman1 Let's say, "it's the CONSTITUTION!" Better than pretense Founders had some "democratic credentials"
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@Profepps@barryfriedman1 I'd instead emphasize the THIS and the BOUND. -
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@crgreen24601@barryfriedman1 But the words can't justify anything just by their utterance. -
@Profepps At least honesty by Paulsen. With originalism away goes stare decisis. -
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@barryfriedman1 Yes! Not faint-hearted, he!
End of conversation
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