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| We still have the same old constitution we always had, the one the people have shown such reluctance to change, but its federalism, which was its very heart, has been so "read down" in defiance of the constitution's original meaning and the original understanding that underlay it, so transformed through government policy and High Court underwriting of that policy, that it has become a hollow shell. It seemed that my original understanding of time-binding was too limited. That the phrases "strict constructionist" and 'Judicial activist" are usually placed at opposite ends of a jurisprudential continuum owes much to the success that Scalia has had in arguing that fidelity to the Constitution requires strict adherence to its literal terms and original understanding. |
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