The Commentariat -- January 13
If democratic legitimacy is the measure of a sound constitutional interpretive practice, then Justice Scalia needs to give an account of why and how rote obedience to the commitments of voters two centuries distant and wildly different in racial, ethnic, sexual, and cultural composition can be justified on democratic grounds.
-- Prof. Jamal Greene ...
... ** Jill Lepore of the New Yorker writes a very fine, easy-to-understand article on the history of the U.S. Constitution, both the document itself & its interpretations. ...
... Linda Greenhouse in the New York Times: "A Supreme Court ruling on Miranda warnings demonstrates how the original understanding of our Constitution is mediated by modern needs."
Paul Krugman has a long essay in the upcoming New York Times Magazine: on the state of Europe's economy/economies. "Europe’s woes have all the aspects of a classical Greek tragedy, in which a man of noble character is undone by the fatal flaw of hubris." CW: haven't read it yet, but I shall.
This Could Be a Breakthrough. Dan Froomkin: Grover Norquist "a prominent conservative thinker, is calling on Republicans to begin a serious debate about the war in Afghanistan, its costs and what Ronald Reagan would do in the same circumstances":
His reaction to the Lebanon bombing was not to stay, it was to leave Ronald Reagan didn't decide to fix Lebanon. I think that's helpful in getting the conversation going on the right. -- Grover Norquist
Marisa Taylor & Dion Nissenbaum of McClatchy News: "In the rush to rebuild Afghanistan, the U.S. government has charged ahead with ever-expanding development programs despite questions about their impact, cost and value to America's multi-billion-dollar campaign to shore up the pro-Western Afghan president and prevent Taliban insurgents from seizing control.... An approach that experts denounce as ad hoc and politicized has led to programs with mixed, if not poor, results and has soured many Afghans on the U.S. military's presence in their country...."
The Hammer Faces the Slammer. Nora O'Donnell reports & Matt Lauer of NBC News interviews Tom DeLay: