One conservative legal scholar had this to say to me: “Romney’s position is that the line item veto is a good thing so Congress must be able to enact it by statute. This is liberal result orientation. The Constitution does not empower Congress to legislate every good thing under the sun. It is a good but not perfect document. It is a mistake to think that because something is good, Congress must be able to do it or there must be a constitutional right protecting it.” Also Kmiec’s touting of originalists sans Thomas is not exactly an advertisement for selecting judges without litmus tests or results oriented aims.
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