Sunday, February 12, 2017
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/02/10/the-letter-and-the-spirit-the-judicial-duty-of-good-faith-constitutional-construction/?utm_term=.d7af731bd9a
randy barnett on constitutional construction.
posted here because it's germane to the running dispute at the fec on what the appropriate role of the commissioners is. ann ravel v don mcghan, that i've blogged about before here.
to oversimplify, ravel's position is that the commission should ignore the constitution right up until a court orders them to stop. mcghan's posiution is that commission shoul refrain from violating the first amendment, as each commissioner understands it. barnett's post supports the gop side of that debate.
randy barnett on constitutional construction.
posted here because it's germane to the running dispute at the fec on what the appropriate role of the commissioners is. ann ravel v don mcghan, that i've blogged about before here.
to oversimplify, ravel's position is that the commission should ignore the constitution right up until a court orders them to stop. mcghan's posiution is that commission shoul refrain from violating the first amendment, as each commissioner understands it. barnett's post supports the gop side of that debate.
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