The Heritage Foundation last week presented its annual “Scholars & Scribes” review of the Supreme Court term. Both panels, the academics and the journalists, were excellent. In two hours, they provided both an overview of the current Court’s dynamics and analyses of the major cases.
In the second panel, Stuart Taylor, longtime legal journalist and nonresident senior fellow at the Brookings Institution now focusing on books while serving as a contributing editor at National Journal, explained just exactly why original intent – the theory that the Constitution should be interpreted to mean what the Framers intended – is more art than science (my words, not his). Justices may think they know what the Framers had in mind, but their conclusions, for reasons Mr. Taylor enumerates, are far from objective.
See 1:22:45 – 1:25:30 below.
