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Bench Memos

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Eliot Spitzer’s Evolving Constitution



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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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