The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Saturday, April 19, 2014

A perfect example

Seidman says there are no approaches to interpretation on which something permitted by the Constitution at one time is forbidden at another.

But on a straightforward reading the Constitution forbids to the federal government imposition of punishments that are both cruel and unusual.

Flogging was always cruel, but it was not unusual in the 18th Century.

It is now.

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