...or maybe he has me. Over at Ara's, Ara brought up "Activist judges" and "judicial fiat". I don't really have a problem with either (I want judges to overturn laws which are unconstitutional and leave untouched those which are not), but I do have a problem with the most popular method of determining Constitutionality, the living Constitution theory.
I'm trying to get lawyer Mark Adams to defend the living Constitution theory for me, but I keep distracting him with examples. I am (poorly) advocating original meaning originalism, which I learned a little about from Randy Barnett. I'm having trouble getting Randy's book, Restoring the Lost Constitution, because textbook companies don't sell to regular bookstores, and I want to see if I can read it before I buy it. (Pray that interlibrary loan comes through for me.) This is not helping my advocacy.
