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“The Constitution in Exile”


Orin Kerr asks a question that I too have wondered about: Is “the Constitution in Exile” a myth? Jeffrey Rosen and Cass Sunstein often talk about conservatives’ devotion to the cause of restoring “the Constitution in exile,” but Kerr notes that he has rarely heard conservatives or libertarians use the phrase. I’ve never heard a right-winger use it. But the basic idea that we have drifted pretty far from the actual Constitution and ought to return to it does seem pretty (and appropriately) widespread on the Right.


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