Why Bother With the Constitution? Elena Kagan and Our Constitution : NYTimes.com - 0 views
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avivajazz jazzaviva on 11 May 10It's Supreme Court nomination time again, which means that it will soon be nomination hearing time, which means that Elena Kagan will soon be asked how she believes the Constitution should be interpreted. But just in time comes a new book - "The Living Constitution," by David A. Strauss - that tells us not to bother about that question because, odd though it might seem, the Constitution does not play a central role in constitutional interpretation.