Latest / Systemic Error Podcast
Almost all Americans share an embarrassing legal blind spot
The Court-Watchers Want a Pop Quiz. The Power Is Elsewhere.Public confusion is not the scandalA new study says many Americans cannot consistently apply “originalism” or “living constitutionalism” when asked about legal cases, and that legal professionals do better. That is the whole setup. The conclusion some people will try to smuggle in is that ordinary voters are too confused to matter on legal questions.That is a shallow reading. The real point is simpler: judicial philosophy is mostly elite branding for an institution the public does not control.The people with leverage are the judges…
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