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May 30, 2011

"Why the Right-Wing's Approach to Reading the Constitution Is Destroying This Country"

That idea that judges should interpret the Constitution by discovering the original intent or meaning of the text ignores the history of this country’s founding. So argues Saul Cornell, Fordham History chair and a Senior Research Scholar in Residence at Yale Law School, in a predictable piece that turns on the postmodernist’s favorite trope, unknowability, followed by their favorite erroneous conclusion, that metaphysical uncertainty for deciding which interpretation is the