COURT OF APPEALS JUDGE: THE CONSTITUTION IS OLD SCHOOL, DON’T WASTE YOUR TIME

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Court of Appeals Judge: The Constitution Is Old School, Don’t Waste Your Time

Filed under: General — Dana @ 2:52 pm

[guest by Dana]

At least there’s no question about where Judge Richard Posner stands:

 

And on another note about academia and practical law, I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation (across the centuries—well, just a little more than two centuries, and of course less for many of the amendments). Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century. Which means that the original Constitution, the Bill of Rights, and the post–Civil War amendments (including the 14th), do not speak to today. David Strauss is right: The Supreme Court treats the Constitution like it is authorizing the court to create a common law of constitutional law, based on current concerns, not what those 18th-century guys were worrying about.

 

In short, let’s not let the dead bury the living.