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loquitur · 07-03-2008, 11:05 AM

Roachboy, you may want to read Randy Barnett's take on how original public meaning works, with particular reference to how it was used in Heller. He posted it over in The Volokh Conspiracy. Barnett is a well-known con law prof, now at Georgetown (I think). He is the attorney who argued in the Supreme Court that April Raich should be permitted to grow marijuana in her own home for her own personal medical use (he lost 6-3; the dissenters were Rehnquist, O'Connor and Thomas). I remember learning back in law school the distinction between interpretation and construction that he talks aobut, but he is right that in practice a lot of people conflate the two, which is not conducive to clear thinking. (He has some criticism of Scalia at the end, too. I like that Barnett is intellectually honest.)

07-03-2008, 11:05 AM	#82 (permalink)
loquitur Junkie Location: NYC	Roachboy, you may want to read Randy Barnett's take on how original public meaning works, with particular reference to how it was used in Heller. He posted it over in The Volokh Conspiracy. Barnett is a well-known con law prof, now at Georgetown (I think). He is the attorney who argued in the Supreme Court that April Raich should be permitted to grow marijuana in her own home for her own personal medical use (he lost 6-3; the dissenters were Rehnquist, O'Connor and Thomas). I remember learning back in law school the distinction between interpretation and construction that he talks aobut, but he is right that in practice a lot of people conflate the two, which is not conducive to clear thinking. (He has some criticism of Scalia at the end, too. I like that Barnett is intellectually honest.)