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Bernstein, "The Courts and Tradition: A Begrudging Respect" - LAW AND RELIGION FORUM
Professor David Bernstein (George Mason) has a thoughtful response to my essay on law and tradition. Here is a bit: When it comes to American constitutional law, by the late 19th century there was widespread agreement on two principles: that when interpreting the Fourteenth Amendment, the Supreme Court’s role was to protect those natural rights …