Bench Memos

NRO’s home for judicial news and analysis.

Eliot Spitzer’s Evolving Constitution


The Wall Street Journal’s John Fund reminds us that resigning New York governor Eliot Spitzer’s lawless adventurism extended to constitutional jurisprudence:

Mr. Spitzer cloaked his naked devaluation of the rule of law with gauzy rhetoric that was perfectly pitched to make many liberals ignore his strong-arm tactics. He harshly criticized advocates of judicial restraint such as Antonin Scalia as believing in “a dead piece of paper.” In a Law Day ceremony, Mr. Spitzer was blunt: “I believe in an evolving Constitution. . . . A flexible Constitution allows us to consider not merely how the world was, but how it ought to be.” 

(HT:  Jonah Goldberg on The Corner.)  Surely we couldn’t have citizens, rather than judges, deciding within the broad bounds of the actual Constitution “how the world … ought to be.”

Tags: Whelan


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