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Legal Commentary

: The Volokh Conspiracy

Constitutional "Is" Versus Constitutional "Ought" -- A Brief Reply to Barnett and Jost:

By Orin Kerr

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Looking over the exchange between Randy Barnett and Timothy Jost on what it means to say something is "unconstitutional," I wonder if their disagreement is primarily semantic. We all recognize...

Full post as published by The Volokh Conspiracy on September 20, 2009 (boomark / email).

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