Archive for the ‘Uncategorized’ Category
Veronique de Rugy explains why hedge funds aren’t that bad, and might have even helped the economy.
Christopher Wolfe argues marriage has been injured not primarily by the campaign for same-sex marriage, but by no-fault divorce and the sexual revolution in general.
Tim Sandefur corrects a misunderstood point about states’ authority to maintain their own armies.
Adam Serwer on the Big Love series finale.
Interesting theory why the stimulus didn’t work: liberal federal policy offset by conservative state policy.
Joe Biden on impeaching the President for unauthorized use of executive power.
Another from the Religion Clause blog:
In Britain, a High Court hearing is scheduled to begin on Monday in a challenge to action taken by the Derby City Council to disqualify as potential foster parents a Christian couple who believe that homosexuality is unacceptable.
America lags a bit behind Britain’s rate of desiccation of its society’s traditional values. But we’ll get there.
“The court should reject approaches to interpreting the Constitution that consider the document’s scope and application as fixed at the moment of framing,” Breyer writes. “Rather, the court should regard the Constitution as containing unwavering values that must be applied flexibly to ever-changing circumstances.”
Judges should go about this, Breyer says, using “traditional legal tools, such as text, history, tradition, precedent, and purposes and related consequences, to help find proper legal answers. But courts should emphasize certain of these tools, particularly purposes and consequences. Doing so will make the law work better for those whom it affects.”
The bolded sentence struck me as odd, so I fired up my trusty desktop thesaurus to check something out. Synonyms for “unwavering” include, among others, “stiff” and “unbendable.” Synonyms for “flexible” include, among others, “elastic” and “pliable.”
Perhaps Breyer is shrewder than I gave him credit for. This will surely pique the interest of many potential book-buyers as to how something “stiff” and “unbendable” can be “flexibly” and “elastically” applied. (Perhaps soaking it in water 24 hours before application?) If I didn’t already know this was standard, non-interpretivist liberal hokum, I might have been among them.