Constitutional Interpretation

A liveblog of what should be a most interesting debate on Prop 8 and gay marriage — taking place at the 2010 National Lawyers Convention of the Federalist Society, and pitting Professor William Eskridge against Professor Richard Epstein — after the jump.

double red triangle arrows Continue reading “Proposition 8 Violates the Fourteenth Amendment: A Debate”

The drafters could have written the Constitution as a list of specific rules and said, “That’s all, folks!” Instead, they wrote a document full of broadly written guarantees….

– Time magazine columnist Adam Cohen, criticizing Justice Antonin Scalia’s approach to constitutional interpretation. (Gavel bang: Dahlia Lithwick.)

(Please note that Quotes of the Day are selected for being interesting, thought-provoking, or funny — not because we necessarily agree with them. Personally I’m inclined to the view that originalism isn’t perfect but is probably better than any of the alternatives.)

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