5min chapter

Free Thoughts cover image

Unpacking Constitutional Law (with Randy Barnett & Josh Blackman)

Free Thoughts

CHAPTER

Is the American Constitution a Good Idea?

The first justices and judges interpreting a constitution might be more originalist because they are standing closer to where they can actually c or maybe he actually even askd people who wrote the constitution what it meant. Almost all the foundational cases, don't start with texts. They start with first political principles,. All of them, chisholm versus georgia, all about the political theory of vereinty marbury, ah, gibbons mc allock, case after case, all first principles. Then once they've done their whole business on first principles, they turn to the text and say, you see, the text reflects these first principles. And that's exactly how these early suprem

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