4 ms·
No, but empirically it's what the justices have been using for over 50 years. Decisions like Wickard v. Filburn and Obergefell don't just come from "living cons
by freepor 6y ago
No, but empirically it's what the justices have been using for over 50 years. Decisions like Wickard v. Filburn and Obergefell don't just come from "living constitutionalism" -- they are just completely made up out of whole cloth.
- SllX 6y agoThere are justices that subscribe to living constitutionalism, yes. And fewer of them than there was 4 years ago.