Civil Rights and Civil Liberties

Is U.S. Supreme Court Living in the 18th or 21st Century?

, New York Law Journal


In his Civil Rights and Civil Liberties column, Christopher Dunn writes: The role that colonial practices should play in constitutional jurisprudence has long been debated, with Justice Scalia serving as the most prominent supporter of the view that the guarantees of the Bill of Rights must be grounded in the original intentions of the "Founding Fathers." Yet, with nearly 250 years separating contemporary American society from the Declaration of Independence, the tenuousness of this position becomes increasingly evident.

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