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Pastimes : Let's Talk About Our Feelings!!!
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To: Ilaine who wrote (51768)8/16/1999 11:04:00 PM
From: The Philosopher  Read Replies (1) of 108807
 
I don't know of a book to recommend other
that some specialized treatises in constitutional law, e.g., Nowack and Rotunda, Tribe,
and Wright.

You realize that you've just given him about 3,000 pages of reading to look forward to -- that should keep him busy for a few days!

Interesting, too, that the current make-up of the Supreme Court cares quite a bit
about the intention of the founders.

Do you think they REALLY care about the intention of the founders, or do you think they pay it lip service as a way of justifying a major defection from the precedents of the Warren and Burger courts? They have a major dilemma in that they claim to believe in stare decisis, but they also detest a lot of the precedents they're faced with. One convenient way out is to say that "the intent of the founders was..." IMO the intent of the founders is pretty much like the Bible -- you can find justification in either one for virtually any position you care to take. (The Crusades were a Christian version of the jihad, and many ministers owned slaves. I think I've cited here one of Gandhi's wonderful quotes "Christianity is a wonderful religion -- it's too bad nobody practices it.")

Anyhow, I am suspicious whether the Court really is looking to understand the beliefs of the founders or whether they are using it as a mantle of justification for their preconceived opinions. What's your take on this?
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