Legal Commentary

Is Obama Too Young to Be President?

By Professor University of Miami School of Law

Steven Calebresi has a pretty persuasive argument that if you interpret the Constitution dynamically, Obama is Too young for the No. 1 job.

Good thing Calabresi doesn’t have standing to raise it in court!

This rising age thing is actually an old Yale Law chestnut they drag out every year for the first year Con Law class, but it’s still fun to think about. In fact, most serious exponents of dynamic interpretation don’t apply it to rules written as bright lines, which is expedient in many ways (not least making drafting easier if you mean to have a bright line) although in principle it’s not obvious why that bright line necessarily exists.

Full post as published by Discourse.net on August 07, 2008 (boomark / email).