Trolling for Honest Liberalism?

[rangerrebew]

 Trolling for Honest Liberalism?

April 11, 2020 07:42:21 pm
Lucille E. Nguyen & Brian L. Frye
Edited by: Gabrielle Wast
JURIST Guest Columnists from University of Kentucky College of Law Lucille E. Nguyen, a college student and research assistant, and Brian L. Frye, a law professor, examine constitutional interpretation and authoritarianism...

Sometimes, it takes a troll to make a point. It can certainly get people thinking, anyway. Harvard Law professor Adrian Vermeule’s most recent essays are a case in point.

For better or worse, “originalism,” or the idea that the United States Constitution should be interpreted in light of its meaning when it was ratified, is the alpha and omega of conservative constitutional thought. Liberals rightly lampoon originalism as results-oriented nonsense. But unfortunately, their alternatives are every bit as results-oriented, but without the theoretical window dressing. As the saying goes, “It takes a theory to beat a theory.” And even a bullshit theory is better than no theory at all. The rip-roaring practical success of originalism brooks no argument. These days, even liberals make originalist arguments. They don’t really have a choice.

https://www.jurist.org/commentary/2020/04/nguyen-frye-trolling-for-honest-liberlism/

[goatprairie]

Trolling for Honest Liberalism?

April 11, 2020 07:42:21 pm
Lucille E. Nguyen & Brian L. Frye
Edited by: Gabrielle Wast
JURIST Guest Columnists from University of Kentucky College of Law Lucille E. Nguyen, a college student and research assistant, and Brian L. Frye, a law professor, examine constitutional interpretation and authoritarianism...

Sometimes, it takes a troll to make a point. It can certainly get people thinking, anyway. Harvard Law professor Adrian Vermeule’s most recent essays are a case in point.

For better or worse, “originalism,” or the idea that the United States Constitution should be interpreted in light of its meaning when it was ratified, is the alpha and omega of conservative constitutional thought. Liberals rightly lampoon originalism as results-oriented nonsense. But unfortunately, their alternatives are every bit as results-oriented, but without the theoretical window dressing. As the saying goes, “It takes a theory to beat a theory.” And even a bullshit theory is better than no theory at all. The rip-roaring practical success of originalism brooks no argument. These days, even liberals make originalist arguments. They don’t really have a choice.

https://www.jurist.org/commentary/2020/04/nguyen-frye-trolling-for-honest-liberlism/

"Maybe one of those values is compromise. We delegate constitutional questions to the Supreme Court because we want to believe that constitutional values are universal and absolute. But maybe we should just admit that the truth is closer to “different strokes for different folks.”

Different strokes for different folks?  What...different interpretations and decisions for different people? You're black, and we'll interpret it differently than we would for a white person? Male vs. female? Religious person vs. atheist? Muslim vs. Christian?
Maybe we just take the two chuckleheads who wrote this article and catapult them into the middle of the Atlantic Ocean.