The Right Coast

May 04, 2005
Barnett vs Sunstein
By Maimon Schwarzschild

Very interesting online debate between Randy Barnett and Cass Sunstein on the alleged belief among some conservatives in a "Constitution in Exile" -- and on approaches to constitutional interpretation more generally. Barnett effectively refutes the suggestion that there is a nefarious Constitution in Exile "movement" -- and Sunstein is essentially constrained to agree. Barnett concludes:
We agree that this is not a debate about "the Constitution-in-Exile movement" or about a group that is pining to return to the constitutional law of 1930 or 1920. This was the scare picture drawn by Jeff Rosen's New York Times Magazine story that provoked this debate, but no actual scholar or judge fits this description.
Read the whole thing.