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What’s more, going beyond the text is practically demanded by the Ninth Amendment, which explicitly acknowledges that there are specific, inviolable rights not named in the Constitution: “The ...
But in America’s Unwritten Constitution, Amar aims to square the circle between textualism and living constitutionalism by exploring how our founding document was enacted; is lived, symbolic ...
Such a doctrine would be antithetical to the Framers’ intent, and to the text, fundamental design, and architecture of the Constitution.
An excerpt from The Heritage Guide to the Constitution Written constitutionalism implies that those who make, interpret, and enforce the law ought to be guided by the meaning of the United States ...
Justice Ginsburg gave a command performance, showing how the majority's reasoning cannot be squared with the Constitution's text, history, and meaning. Chief Justice Roberts had no real answer.
The constitution’s perceived sacredness implies that it is only to be minimally and periodically amended, overseen by legal priests with exclusive knowledge of what should and should not be altered.
The text of the Constitution was widely read and vigorously debated by just about everybody in this country at the time it was proposed and sent to the states for ratification.
There’s been a lot of talk recently about the high degree of unanimity at the Supreme Court this Term. But while today’s decision in National Labor Relations Board v.Canning may have been nine-zero as ...