September 22, 2011

Steven Schwinn: Stone and Marshall on Constitutional Interpretation.  (The Stone & Marshall essay, published here by the American Constitution Society, is I think the one I noted earlier here as also being published at Huffington Post).

Ed Whelan, at NRO, has an extensive and sharply critical assessment: Stone/Marshall Critique of Judicial Conservatism, Part 1 and Part 2.

UPDATE:  Ed Whelan adds a third installment, particularly focusing on the Stone/Marshall claim that McCulloch v. Maryland supports an evolving reading of the Constitution.

Posted at 7:15 AM