The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Today in Supreme Court History: September 3, 2005
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The finest nineteenth century mind to sit on a twentieth century court.
Do you place Chief Justice Rehnquist above Justices Scalia and Thomas, or do you assign Justices Scalia and Thomas to the seventeenth century?
(Never mind. I almost forgot the extra credit for hands-on voter caging.)
Given that the Constitution was written in the 18th century, only 18th century minds should be allowed on the Court.
Large sections of the Constitution work just fine for 18th century conditions. But we don't take medical advice from George Washington's doctors, so why should we take polity advice from George Washington's contemporaries?