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what the founders did was frame a legal process and put it into motion.
what strict construction people want is to freeze the process part and turn the common law tradition into a version of the civil law tradition. i've mentioned this before...what the strict constructionists are after is a revolution in the common law tradition itself that they are dishonest about, that they hide beneath some absurd return to sources. which they aren't real smart about interpreting.
somehow this reminds me of a famous line from stephen dedalus:
history is a nightmare from which i am trying to awaken.
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a gramophone its corrugated trumpet silver handle
spinning dog. such faithfulness it hear
it make you sick.
-kamau brathwaite
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