Let me preface this diary by saying that I am, in general, a huge fan of Yale's famous Constitutional scholar Akhil Reed Amar. His legal and Constitutional philosophies are closely in line with my own, and I find his measured, didactic style preferable to equally intelligent but more bombastic legal scholars (see: Dershowitz, Alan.) The hallmark of Amar's philosophy is that the view that the Constitution was ultimately written as a pragmatic document flexible enough to conform to changing times. Sure, I disagreed with his assertion that a right to privacy isn't implicit in the Bill of Rights, but given his support of recognition for privacy rights due their "normalization" in multiple state constitutions and statutes, that seemed mostly semantic.
But there was one issue that he was tragically misguided on, and it's time he admitted it.
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