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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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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