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Bench Memos

NRO’s home for judicial news and analysis.

The Spirits of the Law



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In yesterday’s Wall Street Journal, Judge Robert Bork has a nice letter about the distinction between “original intent” and “original understanding.” It’s a distinction concisely and wisely made–and all the more delightful because Judge Bork’s context is not constitutional law but the making of martinis! Our friend Ken Masugi at the Claremont Institute has the lowdown, with his own added layer of amusing legal commentary. I’m with Ken on one point for sure: we true originalists prefer single-malt scotch to anything that requires mixing of spirits (which somehow makes me think of the “living Constitution”).



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