Bench Memos

“Separation of Church and State” and Christine O’Donnell

I get in my two cents at The News Journal, Delaware’s most widely read newspaper:

 

What we actually have here is not knowledge on one side and ignorance on the other, but a classic confrontation of the “living Constitution” vs. “originalism.” O’Donnell is interested in what the Constitution says, and what the founding generation intended for our country. Coons is interested in what the Supreme Court has said about the Constitution, and doesn’t have much use for what the founders thought. At one point he says, “It’s important for us, in modern times, to apply the Constitution … as it exists today, and as it has been interpreted by our justices.”

What is this but an embrace of government by judiciary, under a Constitution that means whatever the judges say it means? . . .

Read the whole thing here.

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