Constitution in Exile Debate

Faithful (and generally adversarial) commenter James Elliott has claimed the problem with conservative nominees to the Supreme Court will have to do with their adherence to the Constitution in Exile. I had not heard the term before, perhaps because I followed up law school with a lot of study of religion, so I went looking.

Pioneering legal blog The Volokh Conspiracy has an excellent post by Randy Barnett (a significant legal scholar) all about the Constitution in Exile and whether or not it’s a load of crap. You’ll have to read to find out.

Hint: There’s a good chance that it’s cr_p.