Wednesday, October 21, 2020

A Clash of Constitutions

Our Nation is very divided and this now includes what Prof. John O. McGinnis calls "a clash of constitutions."  I am not assigning this short article, but it is worth reading if you are interested in the heated debate over judicial nominations and the calls from some to "pack the Court" by incfesing the  number of seats on the Court.

Here is the link

 And here is a money quote:

The Senate hearing on the nomination of Amy Coney Barrett to the Supreme Court shows that we effectively have two different Constitutions today, because the interpretive methodologies of Democratic and Republican political actors diverge so dramatically. Republicans embrace originalism as a mode of interpretation. Democrats aspire to a method that bends the Constitution toward “the moral arc of the universe” where that arc traces the parabola of progressive politics.

 

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