Thursday, March 3, 2011
p. 288 A New Birth of Freedom, Jaffa
Taney argued that he was a constructionist who agreed with Madison's statement that judges should interpret the Constitution in "the sense in which it was accepted and ratified by the nation." And yet there was a willful blindness on Taney's part to not only Madison's writing but the writing of nearly all Madison's public contemporaries. What was that blindness?