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Thursday, June 13, 2013
Is Constitutional Conservatism Neither? How Mistaking Our Nation to Be Constituted by One Document Offends Rule of Law Seeking better-informed constitutional discourse, this essay (i) details foundational mistakes of strict-construction in constitutional interpretation, with illustrations from abortion, health-care, gay rights, and gun rights; (ii) refutes recent challenges to the virtue of empathy and other judicial attributes; and (iii) shows why a broader interpretive method better conforms to both the rule of law and conservative values.
Thursday, June 13, 2013Is Constitutional Conservatism Neither? How Mistaking Our Nation to Be Constituted by One Document Offends Rule of Law Seeking better-informed constitutional discourse, this essay (i) details foundational mistakes of strict-construction in constitutional interpretation, with illustrations from abortion, health-care, gay rights, and gun rights; (ii) refutes recent challenges to the virtue of empathy and other judicial attributes; and (iii) shows why a broader interpretive method better conforms to both the rule of law and conservative values.
