Quote Originally Posted by Kathianne View Post
How else would those 'conservatives' that are pushing for progressivism of one type or another, get their way?

I've read the book this article was about, but the article itself isn't long. I find the author unwittingly brings down his own argument in favor of a "Living Constitution," both in his honest approach to the strengths of the 'originalists' approach' and in really arguing to go back to the English way of governing through 'Common Law based.'

In fact, common law is and always has had a place in US legal system. What is different is the Constitution put in safeguards protecting minority rights-which includes those of ideas:

http://www.law.uchicago.edu/alumni/m...fall10/strauss
Interesting reading, Kathianne. I am slowly going through it. One thing I notice is his leaning towards the common law approach. For example, he says:

Originalists do not draw on the accumulated wisdom of previous generations in the way that the common law does.
If so, how would/could he possibly explain gay marriage rulings?

I find his arguments flat. I say that with the caveat that he is infinitely more knowledgeable about the law than I am. However, HE is writing about ideas and not necessarily anything concrete.