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"Indeed, the rage of theorists to make constitutions a vehicle for the conveyance of their own crude, and visionary aphorisms of government, requires to be guarded against with the most unceasing vigilance."
     -- Joseph Story
     Commentaries on the Constitution of the United States
     Book III, § 1857.
 

Thursday, August 15, 2002

A CORRECTION on the previous item. I shamelessly sent Volokh a pointer to it, and he wrote back, more or less, "Huh? I thought I said that." I went back and re-read his posts, and, yep, he did. All those paragraphs, and I aimed them at the wrong target. The points I had in mind to refute were actually made by Olson, whose letter Volokh quotes.

Volokh, actually, makes more or less the same points I do, except, he sums the whole thing up as "deeply unsatisfying." He has since made clear, he was not talking about the satisfaction a lawyer would take in an elegantly arranged scheme of laws (which is how I took it, since the context was a legal discussion about the Second Amendment); I've gotten it with both barrels from him, he would not say any such thing. I'm still curious to know, what's deeply unsatisfying about it? That bit aside, though, the previous item was misdirected, and I apologize for the mistake.

-- posted by Clayton 8/15/2002 07:04:00 PM


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