Saturday, August 24, 2024

I’m worried about law schools teaching the constitution

Sadly, many of our leading law schools have lost their bearings. Law school leaders and faculties have steadily disavowed teaching the constitutional text and structure to instead promote the latest fads in diversity, equity and inclusion. Faculty hostility toward true academic freedom, a content-neutral approach to free speech and study of the Constitution's text has gone so far that law schools are now rejecting donors who wish to support research in separation of powers, federalism and constitutional interpretation

Posted by BellRinger at 10:37 AM | 11 COMMENTS | permalink

Comments

There are many ways to interpret the constitution and the last class I took on taught all of them.

And like anyone should trust what John Yoo says about the constitution anyway.

A report by the Justice Department's Office of Professional Responsibility stated that John Yoo's justification of waterboarding and other "enhanced interrogation methods" constituted "intentional professional misconduct" and recommended that Yoo be referred to his state bar association for possible disciplinary proceedings.

#1 | Posted by donnerboy at 2024-08-24 11:07 AM

" There are many ways to interpret the constitution and the last class I took on taught all of them. "

There really aren't "many ways" to interpret it.

Further, what Yoo is pointing out is that in many elite universities it's being under-represented.

#2 | Posted by BellRinger at 2024-08-24 11:22 AM

There's a whole ------- course on Constitutional Law, you ------- idiot.

I'll put down "higher education" as another thing you know nothing about, like women.

#3 | Posted by LegallyYourDead at 2024-08-24 11:31 AM

"There really aren't "many ways" to interpret it."

There really are. And throughout our history the Supreme Court has switched between them depending on how they wished to interpret it to resolve a case brought before them.

Different classes word it slightly differently but here are two examples of seven ways the Supreme Court has interpreted the Constitution.

1)
Textualism
Originalism
Moral reasoning
Living constitutionalism
Strict constructionism
Pragmatism
National identity

2)
Historical Interpretation
Textual Interpretation
Structural Interpretation
Doctrinal Interpretation (precedents)
Prudential Interpretation
Traditional Interpretation
Moral Interpretation

#4 | Posted by donnerboy at 2024-08-24 11:36 AM

And Yoo is an idiot who tried to justify cruel and unusual punishment because some humans aren't Americans and so that made it ok? No wonder many wanted to investigate and prosecute Yoo under various anti-torture and anti-war crimes statutes.

#5 | Posted by donnerboy at 2024-08-24 11:40 AM

"There really aren't "many ways" to interpret it."

Nonsense. If that were true, all Scotus decisions would be 8-1 or better.

(Gotta make room for Thomas.)

#6 | Posted by Danforth at 2024-08-24 12:16 PM

John Yoo is a sad pathetic little man who tarnished our reputation around the world with his pro torture memo. For someone who professes to have read the Constitution more times than anyone else here. You don't understand what is written within it Jeff.

#7 | Posted by LauraMohr at 2024-08-24 12:56 PM

Nonsense. If that were true, all Scotus decisions would be 8-1 or better.

Lumpy has to open the bidding. Highest vacation price wins.

#8 | Posted by Nixon at 2024-08-26 08:29 AM

My daughter is starting her 3rd year of law school. I'll forward this to her and see what she thinks.

It seems the anecdotal evidence presented in the article represents higher education in general. Yale, Berkley, etc....those are places where liberal voices are clearly present and heard. Nothing too alarming about that, really.

#9 | Posted by eberly at 2024-08-26 09:07 AM

I can't speak to today in law school. I can speak to what I endured some 40 years ago. Two semesters of con law taught by a dean. I wasn't taught a methodology, I was taught what is in terms of SC precedent on major matters.

I've come to original meaning on my own. With my own reservations.

#10 | Posted by et_al at 2024-08-26 09:30 AM

Do you have ANY IDEA how few attorneys EVER face strict Constitution questions?

Of course they don't teach it. Why the hell would they?

#11 | Posted by Sycophant at 2024-08-26 02:21 PM

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