Dispatches from the Creation Wars

Archives for January, 2006

Reading the 9th Amendment

I am having an extended debate with Jimmy G in the comments on this thread over the nature of the 9th amendment. Jimmy’s argument is that the 9th amendment must be read as a federalism provision and that the “unenumerated rights” mentioned in it are limited to those rights found in state constitutions at the…

Orac Joins the Fun

I’m glad to hear that Orac, surgeon/scientist and great blogger, is moving his blog, Respectful Innocence, to the ScienceBlogs domain soon. Welcome to the neighborhood, Orac. You get to those the first cookout when it warms up. OOPS. I meant to say Respectful Insolence, of course. I did not intend to sully Orac’s hard earned…

Liberty University #1 in Debate?

A friend sent me a link to this article in Newsweek about Jerry Falwell’s Liberty University being the #1 debate team in the nation, knowing that I know the debate world pretty well and would find it interesting. My response to the article is: uh, no. Not even close. I’d love to know how this…

Kagan on Straussianism

Robert Kagan, co-founder of the Project for a New American Century, has a fascinating article in the Weekly Standard called I am Not a Straussian. Jon Rowe cited it at Positive Liberty and I had to read it. It’s quite amusing to read, but I think he has a serious point to make about how…

Kuznicki on Whig History and Amar

Jason Kuznicki reminds us yet again why he is one of the clearest thinkers and best writers in the blogosphere with this post using Akhil Amar’s book as a jumping off point to discuss Whiggism vs cynicism in historical analysis, particularly as it concerns the U.S. Constitution.

Political Hypocrisy on Display

I love watching C-SPAN on days like today when the hypocrisy of both parties is on full display. The Democrats go on about not having enough time for adequate debate when everyone knows that the attempted filibuster has nothing at all to do with that. The Republicans talk about the undue and thoroughly lamentable influence…

Sandefur has posted the first criticism of Amar’s new book on the Constitution and does an excellent job of handling Amar’s far too expansive view of the commerce clause. While all four Positive Liberty contributors are big fans of Amar’s scholarship, this is one area of his book that really jumped out at all of…

Larry Farma has left a long comment in response to my post about the DI’s claim that Judge Jones should not have ruled on the scientific status of ID in the Dover case. Because that post is getting old and the comment is so long, I figured it should be moved up top and responded…

While I’m on the subject of originalism and constitutional interpretation, I really should link to Timothy Sandefur’s brilliant article in the Harvard Journal of Law and Public Policy entitled Liberal Originalism: A Past for The Future and to Randy Barnett’s equally brilliant article, An Originalism for Non-Originalists. Both articles help flesh out the idea of…

James Ryan has a very interesting review of two books that critique originalism as a compelling theory of constitutional interpretation available at SSRN (it will be published in the Stanford Law Review soon). One of the books he reviews, Active Liberty, is written by none other than Supreme Court Justice Steven Breyer and it is…