Tuesday, October 31, 2023

Question About Dred Scott

Is Dred Scott an originalist decision?

Or is it the product of the "living constitution?"

Is substantive due process even a plausible reading of the Due Process Clause?

The Living Constitution is unrestrained by the Written Constitution. It can give you decisions that are your most cherished dreams, or decisions that are you greatest nightmares.

Whereas the original Written Constitution says what it says and doesn't say what it doesn't say.

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