Well, I don't agree with him that the Constitution has a fixed meaning. Some of it does, but not all of it by any means. However, I agree with him that since capital punishment was extant in 1787 and thereafter, the 8th amendment does not mitigate it. However, the 8th amendment is one of the Constitution's clauses that is definitely subject to interpretation.

Also, the fact many of the state conventions that considered ratification of the Constitution proposed among them over 200 amendments to it illustrates that there were many people back then who did not agree about what the Constitution's words meant. The fact that 10 amendments were approved confirms that.

I disagree with him quite a bit that the leading clause of the 2nd amendment is simply declaratory.

I don't want to see cameras in federal court.

Last edited by olivant; 07/31/12 08:44 PM.

"Generosity. That was my first mistake."
"Experience must be our only guide; reason may mislead us."
"Instagram is Twitter for people who can't read."