Volokh is already on it
Constitution in Exile" in NYT:
Tomorrow's New York Times magazine will feature a Jeff Rosen article on alleged conservative movement to restore the "Constitution in Exile." Slate has a preview here. A prediction: The article will conflate efforts to restore textual limits on enumerated powers with "Lochnerism" and judicial enforcement of libertarian ideology. Rumor also has it at least one co-conspirator will be featured in the piece.
SLATE - New York Times Magazine, April 17
Jeffrey Rosen recounts the history of the "Constitution in Exile" movement, whose adherents oppose "the entire modern welfare state" and, by extension, most laws regulating the environment, minimum wage, occupational health and safety, and Social Security. "Unlike many originalists [such as Antonin Scalia], most adherents of the Constitution in Exile movement are not especially concerned about states' rights or judicial deference to legislatures; instead, they encourage judges to strike down laws on behalf of rights that don't appear explicitly in the Constitution." Although the cover suggests that the movement—which is spearheaded by libertarians and conservatives with deep pockets—could help determine President Bush's next Supreme Court appointee, the movement's intellectual leader, Richard A. Epstein, tells Rosen that he has "little hope, for now, in the Supreme Court." … And Colm Toibin has a recommendation for the papal conclave: "Find a cardinal who was brought up with many, many sisters, who has a lesbian in the family," and who will "enter into real dialogue with women in the church."—B.B. |
