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Disrespect for Precedent Can Be Respect for the Constitution

After Donald Trump’s surprise electoral college win, Democrats scrambled to “golden oldie” strategies for derailing his potential Supreme Court nominations—demanding that nominees be “in the mainstream” and “follow precedent.” Unfortunately, those demands would disqualify any nominee who respects the Constitution.

Constitutional law is supposed to be different from other types of law. But liberal interpreters of the Constitution have trampled the distinction.

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Gary M. Galles is a Research Fellow at the Independent Institute, Professor of Economics at Pepperdine University, and Adjunct Scholar at the Ludwig von Mises Institute.