The intellectual corruption of Academic Constitutional Legal Theory
Over at Bleeding Heart Libertarians, Jason Brennan Argues that Academic Constitutional Legal Theory is intellectually corrupt.
It seems that almost everybody does the following:
1. Start with a political philosophy–a view of what you want the government to be able to do and what you want to the government to be forbidden from doing.
2. Take the Constitution as a given.
3. Reverse engineer a theory of constitutional interpretation such that it turns out–happily!–that the Constitution forbids what you want it to forbid and allows what you want it to allow
You should read the whole thing. To be clear, he is not talking about lawyers who have to use whatever arguments bolster their case, but academics who are supposed to be more disinterested. What are the league’s thoughts on this?
P.S. Also check out their symposium on John Tomasi’s latest book: Free Market Fairness