The Kansas Supreme Court majority’s philosophy of construing ‘what ‘liberty’ and ‘inalienable natural rights’ mean in the real world today’ leaves us with a rule of law as changeable as popular music.
The flawed argument boils down to the idea that the ‘original’ intent of the founding fathers doesn’t matter, because they were imperfect people.
In one case, progresives support an originalist approach to the Constitution. But on abortion, they want a ‘living, breathing’ Constitution.
The Supreme Court justices considering King v. Burwell’s Obamacare case should take note of this famous example of textualism’s merits.
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