She added: "If the First Amendment is to have any vitality, it ought not be construed to cover only the extreme and hypothetical situation in which a state directly targets a religious practice," she said.
"Methods" should be construed broadly here to encompass not only, say, the experimental method, but also the styles of explanation (e.g., identification of causes that determine, ceteris paribus, their effects) employed in the sciences.
Concurrently, Retrospecta 41 can be construed as a prospective glance, not only by future students and faculty, but also by the community at large.
A well-established canon of statutory interpretation provides that, "if fairly possible," a statute must be construed "so as to avoid not only the conclusion that it is unconstitutional but also grave doubts upon that score". United States v. Jin Fuey Moy, 241 U. S. 394, 401 (1916).
So not only is it not an especially good nickname, it might even be construed as praise – but you can bet your bottom tax-free dollar that it won't be the last time we hear it.
It is not so absurd to contemplate extending this principle to the top of the nuclear chain of command, nor to contemplate a system of checks and balances that ensured that "could this be construed as legal?" was not the only question being asked before nuclear weapons are launched.
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