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The Heritage Guide to the Constitution, edited by Edwin Meese III, Matthew Spalding, and David Forte (Regnery, 475 pp., $35)
The political combat over President Bush's nominations of John Roberts and Samuel Alito to the Supreme Court reflected an underlying battle over the meaning of the Constitution and the power of the judiciary. The major combatants in this jurisprudential battle are originalists, on one hand, and advocates of the "living Constitution," on the other.
In much the same way that Moliere's character was delighted to discover that he had been speaking in prose all his life without knowing it, most Americans would be surprised to discover that they are originalists. Even some ardent critics of "originalism" haven't the slightest understanding of what they are criticizing: In a recent debate on the Alito nomination, a lefty law professor arguing against me ridiculously charged that originalists seek a return to the 1787 Constitution, without any of the amendments, "not even the Bill of Rights!" An anti-Alito editorial in the Boston Globe hinged on a ...
Source: HighBeam Research, What it says.(The Heritage Guide to the Constitution)(Book review)