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October, 2011

October 7, 2011

At a remarkable Senate Judiciary Committee hearing this week featuring two Supreme Court Justices -- Antonin Scalia and Stephen Breyer -- Justice Scalia drew laughter with his predictable line that he wished the “living Constitution would die.” The funny thing is that, to a large degree, it already has.

October 7, 2011

Justice Antonin Scalia is fond of saying that constitutional interpretation is easy as pie – you simply follow the text of the Constitution and you reach conservative results – but the Supreme Court’s most famous originalist is notoriously inconsistent about applying this textualist approach, particularly when the Constitution’s text and history point in a progressive direction.