Jonah, you did fine with your response to Larry’s blog. Even in the realm of Legal Abstraction–a wondrous realm close to Nirvana, and up the road from Shangri-La–it helps a lot to be defending a correct position. As Isaac Penington said in 1651: “Those who are to govern by Laws should have little or no hand in making the Laws they are to govern by.” This is true both of legislatures and judges, and requires a “dead” constitution interpreted according to its original meaning to accomplish. All the dead constitution thesis means is that ‘the Constitution should remain the same until it is properly changed’ and neither legislatures nor judges may change it on their own. This is really what my forthcoming book, Restoring the Lost Constitution: The Presumption of Liberty is all about. Now back to the page proofs or it will never come out!
PS: In case anyone cares to place an advanced order, Amazon is wrong about the price. It will be $32.50.