Posted by Orin Kerr: Constitution-in-Exile Debate: Over at [1]Legal Affairs, the Debate Club will be featuring a debate this week between Cass Sunstein and co-blogger Randy Barnett about the alleged Constitution-in-Exile movement. Only Cass has written so far, and his initial post strikes me as, well, odd. His post is very vague, but if I'm not mistaken he is suggesting that many or most judicial conservatives believe in some kind of radical vision of the Constitution in Exile. The key question seems to be which radical vision different conservatives like: as best I can tell, Sunstein is suggesting that some like Ginsburgian strike-everything-down radical activism, while other like Scalian uphold-everything radical activism. Huh? Well, I guess we'll have to wait and see how the debate shakes out. Of course I'll be particularly interested to see what my co-blogger Randy has to say. (Hat tip: [2]Howard)
References 1. http://legalaffairs.org/webexclusive/debateclub_cie0505.msp 2. http://legalaffairs.org/webexclusive/debateclub_cie0505.msp _______________________________________________ Volokh mailing list [email protected] http://highsorcery.com/cgi-bin/mailman/listinfo/volokh
