I don't think the Constitution is studied almost anywhere, including law schools. In law schools, what they study is what the court said about the Constitution. They study the opinions. They don't study the Constitution itself. |
If you know anything about bar association politics, it is not constitutional scholars who become president of the bar association. She has very little, if any, acquaintanceship with constitutional law, and it's a very hard thing to get a hold of if you go into the court and start wrestling with it. In fact, you're likely to get it very wrong. |
It's a little late to develop a constitutional philosophy or begin to work it out when you're on the court already, |
Modernity, the child of the Enlightenment, failed when it became apparent that the good society cannot be achieved by unaided reason. |
move the court slightly to the left. |
My guess would be he will not participate in creating new constitutional rights |
Once the justices depart, as most of them have, from the original understanding of the principles of the Constitution, they lack any guidance other than their own attempts at moral philosophy, a task for which they have not even minimal skills. Yet when it rules in the name of the Constitution, whether it rules truly or not, the Court is the most powerful branch of government in domestic policy. The combination of absolute power, disdain for the historic Constitution, and philosophical incompetence is lethal. |
Only 1.5 Percent of Law Professors Sign Letter Opposing Roberts. |
Senators now demand that nominees state positions, |
The conventional wisdom right now is that John Roberts will be confirmed just as the conventional wisdom in 1987 going into the hearings was that Robert Bork would be confirmed, ... You never know what's going to happen at a hearing. I think that's been demonstrated time and again. |
The major obstacle to a religious renewal is the intellectual classes, who are highly influential and tend to view religion as primitive superstition. They believe that science has left atheism as the only respectable intellectual stance. |
the most prominent and intellectually powerful advocate of judicial restraint. |
The notion that Congress can change the meaning given a constitutional provision by the Court is subversive of the function of judicial review; and it is not the less so because the Court promises to allow it only when the Constitution is moved to the left. |
The purpose that brought the fourteenth amendment into being was equality before the law, and equality, not separation, was written into the law. |
The right to procreate is not guaranteed, explicitly or implicitly, by the Constitution. |