BRIGHT IDEAS: Robert Tsai on Eloquence & Reason

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3 Responses

  1. Orin Kerr says:

    “the Constitution does not dictate answers so much as it empowers people to battle over plausible answers. “

    Are the “people” here Supreme Court lawyers, who battle over plausible answers and then have members of the Supreme Court dictate the answers? Or are you referring more to the public debate over what the Constitution means?

  2. Robert Tsai says:

    Orin: the people include lawyers, activists, and other political elites, as well as ordinary people who are mobilized or turn to the courts. Anyone can purport to speak on behalf of the people, but most of the time, constitutional meaning is determined by those who exercise control over existing institutions and the prevailing culture.

  3. Robert Tsai says:

    Anyone interested in an exchange between Jim Fleming, Boston University, and me over “Eloquence and Reason” can go to the following.

    Fleming: http://eloquenceandreason.blogspot.com/2009/05/jim-flemings-comments-on-book-at-aslch.html

    Tsai: http://eloquenceandreason.blogspot.com/2009/05/reply-to-fleming.html