The Volokh Conspiracy - Was James Madison a "Hard-line, Right-Wing Conservative"?

From the Havard Crimson, commenting on a brief in the Solomon Amendment case by my friend Prof. John Eastman:

Tyler Professor of Constitutional Law Richard H. Fallon said that Eastman's brief presents "an argument with no foundation whatsoever in the decisions of the Supreme Court, going back to the 1930s." But, Fallon said, the prospect of Thomas including the brief's argument in a concurring opinion lies "entirely within the realm of possibility." "It's an argument which some of the real hard-line, right-wing conservatives who would like to go back to something more like an original understanding of the Constitution push," Fallon said.

Damn those hard-line, right-wing conservatives for thinking that the original understanding of the Constitution should have something to do with constitutional law!

Hat tip: Bashman

	[David Bernstein, September 27, 2005 at 9:48pm] Trackbacks Was James Madison a "Hard-line, Right-Wing Conservative"? From the Havard Crimson, commenting on a brief in the Solomon Amendment case by my friend Prof. John Eastman: Tyler Professor of Constitutional Law Richard H. Fallon said that Eastman's brief presents "an argument with no foundation whatsoever in the decisions of the Supreme Court, going back to the 1930s." But, Fallon said, the prospect of Thomas including the brief's argument in a concurring opinion lies "entirely within the realm of possibility." "It's an argument which some of the real hard-line, right-wing conservatives who would like to go back to something more like an original understanding of the Constitution push," Fallon said. Damn those hard-line, right-wing conservatives for thinking that the original understanding of the Constitution should have something to do with constitutional law! Hat tip: Bashman