It bothers me that the executive branch is taking the amazing position that just on the president's say-so, any American citizen can be picked up, not just in Afghanistan, but at O'Hare Airport or on the streets of any city in this country, and locked up without access to a lawyer or court just because the government says he's connected somehow with the Taliban or Al Qaeda. That's not the American way. It's not the constitutional way.
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Even those who, like me, believe that Roe v. Wade and the decisions elaborating on reproductive rights were constitutionally correct must recognize that, for many on the right, the sudden and relatively sloppily reasoned character of the abortion rulings... did real damage to the Court's reputation as a relatively neutral arbiter of legal disputes.
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One of the most extraordinary examples in recent decades [of unitary visions of constitutional enterprise] is found in a book called "Takings"... Epstein makes an extremely clever but stunningly reductionist argument that the whole Constitution is really designed to protect private property... Can a constitution reflecting as diverse an array of visions and aspirations as ours really be reducible to such as sadly single-minded vision as that?
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