Will Baude Responds to Common Good Constitutionalism
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The Common Good - A Review of the Book
A huge part of the book is not about judicial activism. And it's not about judges just doing the common good and sort of making, you know, conservative living constitutionalism. The idea that our legislative and executive institutions get to make decisions about the common good. That's what a lot of the courts modern jurisprudence looks like. So if we took this really seriously, it seems a lot like originalism.
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