Monday, November 16, 2009

Eloquence and Reason Mentioned on The Volokh Conspiracy

A mention of Eloquence and Reason on The Volokh Conspiracy here and a guest post from me about the book here. A taste of my comments:
Because the text of the First Amendment has never changed, those interested in constitutional transformation have always used text instrumentally to secure a hegemony of preferred values, outlooks, and modes of talking about the provision. Whether insiders admit it or not, the task of judging involves sorting through competing claims to determine which cultural and political perspectives ought to be validated and which ones should be resisted. Judges have always played a role in this social process, even if theirs is rarely the last word on a subject. There is no such thing as neutral interpretation; there is only how transparent an interpreter chooses to be about her methodologies and substantive commitments.