Samuel Moyn is Chancellor Kent Professor of Law and History at Yale University.
The Section 3 episode will be forgotten, a footnote to the 2024 election. But for all its brevity, there is a lot to ponder in it. “The nation is talking about little else,” I read on Amar’s website a couple of weeks ago, amid the wall-to-wall legal coverage of Section 3. Soon people will talk about other things. But in doing so, they might miss the chance to learn about the limits of liberal originalism as a strategy. For better or worse, I am sure we will have many other occasions to ask ourselves whether the entire project of pursuing our best political future through the constitutional politics of asking high court judges to take our side — as opposed to democratic political struggle to achieve our goals — is either credible or practical.
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