Analysis of Text History Tradition and Tiers of Scrutiny in Judicial Decision Making

This chapter discusses the analysis and criticism of the text history tradition and tiers of scrutiny in judicial decision making. It explores the complexities surrounding the interpretation of the Constitution and specific cases and opinions, questioning the validity of relying on historical texts and state legislatures as constitutional scholars. The speakers also highlight the lack of civil rights litigation during that era and the modern invention of rigorously testing legal doctrines.