Comment

Justice Antonin Scalia: Women's rights not protected by the Constitution

7
Aceofwhat?1/03/2011 3:53:24 pm PST

This is the weakness inherent in pure originalism - that we overstep our ability to divine the intentions of the founders. The weakness inherent in ‘living Constitution’ adherents is that one can overstep the boundary between judging and legislating. Neither approach is protected from misinterpreting the legislature.