In particular, there is no reason to think that the most important kind of restraintist argument, for constitutional reviewing courts in an administrative state, should be a democratic argument such as the Countermajoritarian Difficulty.
Obama may yet be convinced by the growing number of political and economic arguments for this constitutional option.
Dan Savage's argument for a constitutional amendment is premised on the false assumption, shared by the right, that there is no constitutional right to privacy.
NBC now affixes every frame of sitcom swill like "Emeril" with its promotional peacock logo outfitted in the stars and stripes -- maybe the first good argument for a constitutional amendment banning flag desecration.
"Between the Lines," the orgy of self-absorption now on display at Luna Stage, makes a good argument for a constitutional amendment against the writing of any more plays about actors, acting or backstage back-stabbing.
William Eskridge, a leading scholar of same-sex marriage who participated in the Yale conference, told me recently that, in the near future, the main audience for constitutional arguments on behalf of gay marriage will be state judges, mostly in the Northeast and on the Pacific Coast, where citizens are supporting gay marriage in growing numbers.
The intensity of the Scottish referendum campaign showed there is a palpable hunger for constitutional argument that makes the routine ding-dong of most Westminster debates look vapid.
These justices rarely struck down laws passed by Congress or the states, unless the constitutional arguments for invalidation were so clear that both liberals and conservatives could readily embrace them.
