Andrew Cohen writes:
“For the tensions that are the stuff of judging in so many hard constitutional c ases are, after all, the products of our
aspirations to value liberty,
as well
as order, and fairness
and equality, as well as liberty.
And the very opportunity for conflict between the good and the good reflects our confidence that a way must be found to resolve it when a conflict arises.” Quite an uplifting sentiment, yes, from a man Washington’s Establishment deemed perpetually “dour” because it could never quite figure him out
?
“That is why,” the Man from New Hampshire continued, “the simplistic view of the Constitution (the originalist/fair reading model) devalues those aspirations, and attacks that confidence and diminishes us. It is a model of judging that means to discourage our tenacity (our sometimes reluctant tenacity) to keep the constitutional promises the nation has made.”
And the very opportunity for conflict between the good and the good reflects our confidence that a way must be found to resolve it when a conflict arises.” Quite an uplifting sentiment, yes, from a man Washington’s Establishment deemed perpetually “dour” because it could never qu
ite figure him out? “That is why,” the Man from New Hampshire continued, “the simplistic view of the Constitution (the originalist/fair reading model) devalues those aspirations, and attacks that confidence and diminishes us. It is a model of judging that means to discourage our tenacity (our sometimes reluctant tenacity) to keep the constitutional promises the nation has made.” “>
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