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Andrew Tobias
Andrew Tobias

Money and Other Subjects

The Least-Harm Principle

August 12, 2022August 11, 2022

But first . . .

Treat yourself to the opening segment of yesterday’s Morning Joe.

It doesn’t get any better than this.



SFT: “Professor Aaron Tang argues that Constitutional law is broken because it lacks a coherent principle for deciding hard cases.  Textualism tends to favor “conservatives”; evolutionism (the “living constitution”), tends to favor liberals; and these two principles are simply irreconcilable.  He discerns a possibly emerging principle in the past term’s surprises, consistent with the Court’s proper role as a moderating influence, which he calls the ‘least harm’ principle.”

A perspective worth considering.



Have a great weekend!

 

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