The Daily Standard has posted a column Scott and I co-authored called “From Hegel to Wilson to Breyer.” It traces the concept of the “living constitution,” as applied by Justices such as Ginsburg and Breyer, back to Woodrow Wilson and then further back to the German philosopher Georg Hegel. We do so in part by analyzing the arguments used by Ginsburg and Breyer to defend using foreign law and legal writing to help decide constitutional cases. Hence the subtitle “Liberal constitutional theory returns to its foreign roots.” I hope we demonstrate how radical prevailing liberal constitutional jurisprudence is becoming.
The article was inspired by Claremont Institute sponsored panels that Scott and I participated in during the American Political Science Association convention earlier this month. We’re grateful for the insights of the other panel participants, two of whom — Jeremy Rabkin and R.J. Pestritto — we cite in our column.
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“Arise and take our stand for freedom as in the olden time.” Winston Churchill
“Proclaim Liberty throughout All the land unto All the Inhabitants Thereof.” Inscription on the Liberty Bell