I know some folks think that actually focusing on the original meaning of the constitution text is “excessively legalistic or technocratic,” but that’s the nature of the law. I’d expect to hear such complaints from The Nation, the NYT editorial page, or other circles that venerate the late Justice William Brennan, but I’m surprised to see them in more sober conservative circles. (I’m not naming names, but they may or may not rhyme with Schmim Schmeraghty.) The Court’s job is to apply the law, not to “do justice.” Eminent domain is typically unjust, but when has that ever been the primary measure of constitutionality?
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About the Author
Jonathan H. Adler is a professor at William & Mary Law School.
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