jillian
Princess
Actually, Levin is entirely correct and Will's bullshit spin was amazingly stupid and lacking even rudimentary logic.
hey... your law school con law professor called. he asked me to please smack you for believing levin's nonsense.![]()
Your law school called to ask me to see if you were dropped on your head, repeatedly, at some point to be so dismissive about the correct analysis? They are mumbling something about wanting the degree back.
Understandable.
But all banter aside, you cannot articulate how Levin is wrong. He isn't wrong.
He is absolutely correct.
The CJ fucked this up, badly.
If you'd lay aside your liberalism for a second, and just think things through, you would be alarmed too.
There is no coherent basis anymore to deny the central Federal Leviathan authority to legislate on ANY topic they feel like addressing. The whole notion of limited enumerated powers is now a quaint historical footnote. Frankly, conservatives AND libs should be alarmed. Outraged, even.
all kidding aside... my con law professor did an amicus on brown v board of ed and was one of the assistant prosecutors at neuremberg....pretty smart guy. he'd have found levin's analysis inconsistent with any rational means of constitutional construction.
levin is smug and treats the constitution as if it were a rightwing tool. it isn't...wasn't and wasn't ever intended to be restrictively interpreted. it was supposed to be expansively interpreted so as to be the last bastion of protection between minorities and the tyranny of the majority.
treating the constitution as if the words don't have to be construed and defined would be appalling to him. i'm sorry he's gone. he'd have laughed at levin and his ilk. but i defy you to tell me what "equal protection" means absent the caselaw. i defy you to tell me what "unreasonable search and seizure" is absent the caselaw. i defy you to define protected "speech" absent the caselaw.
well, maybe he wouldn't have laughed ...he might have been saddened that everything he worked for was being trashed by pretenders.