Jack Balkin: How Liberals Can Reclaim the Constitution

I’m all for using originalism to reach liberal results — I think that’s the best way to defend originalism from the charge that it’s no more than cover for a conservative agenda.

But Balkin seems to go to the opposite extreme, and find that (his version of) originalism always (or almost always) leads to liberal results.

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PUBLIC SERVICE ANNOUNCEMENT: While you were having heated comment debates about the owner of a sports team, the “Supreme Court” of the United States refused to even HEAR a case about NDAA – meaning “indefinite detention” remains in full force.

An iron boot is hanging over your head and this is what gets people riled up?

We should all be embarrassed. History will not look kindly on the America of today.

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Rachel Maddow Cheers Nullification?

It’s no secret that for years now the popular media personality Rachel Maddow has railed against nullification. Consistent with her partisan Democrat disposition she fear-mongered the return of institutional racism, secession and civil war whenever she approached the subject. Her conclusion was that nullification is a hysterical, reactionary, right-wing radicalism that has no place in modern American politics.

But Maddow has apparently had a change of heart – at least in one case.

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