Baseball Crank
Covering the Front and Back Pages of the Newspaper
December 4, 2002
LAW: "[L]aid-back jurisprudence of a morphing Constitution"

Stuart Buck has a great post on Laurence Tribe and his momentary disdain a few years back for a "laid-back jurisprudence of a morphing Constitution." On the broader point raised on the Volokh site, about people's constitutional theories hewing to their policy preferences, I think that's true up to a point, and it's most true where the constitution is most ambiguous. But there are neutral principles, there is a historical record; the document is not just an ink blot.

Posted by Baseball Crank at 10:02 AM | Law 2002-04 | Comments (0) | TrackBack (0)
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