Bench Memos

Quinnipiac’s Confusion

A new poll, conducted by Quinnipiac University, is out, and deals with a wide range of the usual-suspect hot-button issues (guns, gay marriage, abortion, the Court, etc.).  With respect to the Supreme Court, and the project of interpreting the Constitution, there’s this cringe-inducing question:  “Which comes closer to your point of view?  (A) In making decisions, the Supreme Court should only consider the original intentions of the authors of the Constitution, or (B) In making decisions, the Supreme Court should consider changing times and current realities in applying the principles of the Constitution.” 

Groan.  The only surprise, it seems to me, is that only 52% of us said “(B).”  Would it be so hard – or, would it not serve the poll’s purposes? – to ask a question that actually implicated a real, live constitutional debate?

Richard Garnett is the Paul J. Schierl Professor of Law at the University of Notre Dame.
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