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	Constitution in exile - Wikipedia, the free encyclopedia
		The Constitution in Exile is a controversial term that refers to the situation resulting from provisions of the United States Constitution allegedly not having been enforced according to their "original intent" or "original meaning".
		However, most originalists reject the term, and argue that the term "constitution in exile" is a straw man.
		Rosen argues that one of the most important provisions of the Constitution in Exile is limitations on the interstate commerce clause, which were undermined by the Supreme Court's "expansive interpretation of Congress's power to regulate interstate commerce...
	en.wikipedia.org /wiki/Constitution_in_exile (686 words)

	Don Singleton: Constitution in Exile
		Originalists don't like interpreting the Constitution in light of present-day social developments and are generally skeptical of constitutional rights -- like the right to have an abortion -- that don't appear explicitly in the text of the Constitution.
		It is sometimes known as the Constitution in Exile movement, after a phrase introduced in 1995 by Douglas Ginsburg, a judge on the United States Court of Appeals for the D.C. Circuit.
		Constitutional interpretation simply wasn’t a partisan (though it was a political) issue, and with few exceptions the Justices of the period from both parties accepted constitutional limitations on both federal and state regulatory power that none of today's Justices would countenance.
	donsingleton.blogspot.com /2005/04/constitution-in-exile.html (1505 words)

	William W. Van Alstyne, Foreword--The Constitution in Exile: Is It Time to Bring It in from the Cold?, 51 Duke L. J. 1 ...
		The title was to be "The Constitution in Exile," and the question to be addressed was, "Is it time to bring it in from the cold?" Professor Schroeder added some details on the time, place, and possible panel participants but he said little more to elaborate on the subject at hand.
		Constitutional claims thought to be justiciable, we commonly say, are one and all determinable "on their merits" in the courts -- they are claims in which judges are expected to "look into" the Constitution, claims in which judges are to give a constitutional claim its full due to determine the case at hand.
		When, on the other hand, one may be persuaded that the Constitution has been treated disdainfully in any of its salient parts, that one would seek those parts' return from exile seems scarcely surprising, much less cause for ridicule, and even less for excited expressions of dismay or of alarm.
	www.constitution.org /lrev/van_alstyne/dlj51p1.htm (9843 words)

	Legal Affairs Debate Club - Constitution in Exile?
		The principal benefit of a written constitution is that it subjects judges, legislatures, and executive officials to rules and principles that they cannot unilaterally change—even to reach results that these officials (and law professors) consider superior than those provided by the text of the written constitution as enacted.
		I guess that is why many originalists were irked by Jeff Rosen's use of the label "Constitution in Exile" as a rhetorical move to redescribe originalism as a movement that aims at achieving a particular set of results—the constitutional doctrines that prevailed in 1920 or 1930, as you put it on Monday.
		Here is much of their response: (1) the words "Constitution in Exile" aren't their own (though the term wasn't invented by Jeff Rosen!) and (2) they reject important parts of the constitutional law in 1932 and their own restoration project overlaps with, but doesn't come close to duplicating, the constitutional law of that period.
	legalaffairs.org /webexclusive/debateclub_cie0505.msp (7455 words)

	Living Constitution - Wikipedia, the free encyclopedia
		Another common characterization of the Living Constitution is as synonymous with "judicial activism," a phrase generally used to accuse Judges of resolving cases based on their own personal whims or preferences.
		The views of constitutional law scholar Laurence Tribe are often described by conservative critics such as Robert Bork as being characteristic of the “living Constitution paradigm” they condemn.
		In 1987, Supreme Court Justice Thurgood Marshall delivered a lecture, "The Constitution: A Living Document," in which he argued that the Constitution must be interpreted in light of the moral, political, and cultural climate of the age of interpretation.
	en.wikipedia.org /wiki/Living_Constitution (2603 words)

	The Blog \| Stephen Kaus: Waiting for Lochner \| The Huffington Post
		The CIE folks are particularly galled that in that one of them, D.C. Circuit Judge Douglas Ginsburg (more about marijuana later), coined the phrase and it was then hijacked by CIE opponents in a rare inspired piece of left-wing branding.
		Hence the soubriquet of "the constitution in exile".
		Constitutional law as it emerged from that conflict was a very different animal to what it had been before.
	www.huffingtonpost.com /stephen-kaus/waiting-for-lochner_b_10556.html (4069 words)

	Concurring Opinions: Will the real Constitution in Exile please stand up?
		For the uninitiated, an extremely simplified version of the debate thus far looks like this: Sunstein alleged that right-wing activists (his term) are interested in reviving the Constitution in Exile; he then made substantive critiques of Barnett, Richard Epstein, and others, implying that they were part of the Constitution in Exile movement.
		Barnett responded, arguing that the Constitution in Exile was a straw man, and that neither he nor any of his colleagues used the term; he then made the broader argument that there was no "movement" because of the differences among conservative academics.
		The more plausible explanation is that the term "Constitution in Exile" has gotten a lot of play in the media thanks to Sunstein, et al., so even if no one thought it such terms before, it pays now to write a book of that title to take advantage of the free publicity.
	www.concurringopinions.com /archives/2006/10/exile.html (845 words)

	Is the Constitution Dead? - eXile MM - Christians in Exile 2000
		In the case of the attack on the United States Constitution, the failure of the American people to perceive it and promptly repel it has resulted in the Constitution sustaining mortal instead of merely transitory wounds.
		Frustrated in its attempt to change the Constitution, the federal government bided its time and contemplated how the Constitution could be changed or even abolished without the consent of the people.
		While legal immigrants are required to read the Constitution in order to become citizens, its separation of powers or right to trial by jury provisions are not thereby written upon their hearts.
	www.exilemm.com /e-sub-dead.shtml (1818 words)

	Jefe's Soapbox : (Site not responding. Last check: 2007-10-13)
		Ginsburg's Constitution in Exile is, as Yale Law School Professor Jack Balkin termed it, a "Shadow Constitution" created to remedy the Constitution of any defects the theorist believes exists.
		Recently, the Rehnquist court shifted in a way that causes some observers to believe that the return of the Constitution in Exile may be stalling, at least for as long as the composition of the Court remains unchanged.
		The hope of stalling the return of the Constitution in Exile may, however, be fleeting.
	blogs.law.harvard.edu /jefessoapbox/2005/01/27 (876 words)

	[No title]
		The term "constitution in exile" has come to be used to characterize the ambitions of originalists to bring legal practice back into compliance with the written Constitution of government as originally understood by the Founders.
		They claim that the movement to restore constitutional compliance means "turning back the clock", to some date like 1932, not only on the expansions of government powers, but also on the protections of rights.
		The Constitution in Exile, from the Pejmanesque blog of Pejman Yousefzadeh, April 17, 2005.
	www.constitution.org /cons/exile/exile.htm (582 words)

	The Men Who Destroyed the Constitution by Thomas DiLorenzo
		In his 1850 Disquisition on Government, John C. Calhoun argued that a written constitution would never be sufficient to contain the plundering proclivities of a central government.
		Without these political mechanisms the forces of nationalism, mercantilism, and political plunder would relentlessly reshape the Constitution with their rhetoric, and their efforts would eventually overwhelm the strict constructionists.
		After a lucid explanation of each section of the Constitution the judge discusses how the nationalist/mercantilist coalition, led by Alexander Hamilton and his accomplice Judge John Marshall, conspired to effectively rewrite (and undermine) the Constitution almost as soon as he ink was dry on the original copy.
	www.lewrockwell.com /dilorenzo/dilorenzo105.html (1506 words)

	AEI - Short Publications
		Liberal interest groups and intellectuals and their house organs (such as the New York Times) are warning of an impending return to a reactionary "Constitution in Exile." The laughable warning serves to distract from the liberals' own agenda, which is not at all laughable.
		According to Rosen, a conservative "Constitution in Exile movement" contends that the true Constitution--that of the era of Lochner v.
		It's the "exile" metaphor that does the work, by suggesting that the original thing ought to be brought back from its juridical Elba by judicial fiat.
	www.aei.org /publications/filter.all,pubID.22435/pub_detail.asp (1492 words)

	[No title] (Site not responding. Last check: 2007-10-13)
		More recently, liberal constitutional theorists have warned that conservative judicial nominees are part of a "Constitution in exile" movement that seeks to stitch back together the legal consensus of 1930, if not earlier.
		When they held uncontested power over the federal judiciary, they pioneered the idea that the Constitution mandated their social agenda, championing novel interpretations never anticipated by the Framers, the ratifying public or people on all sides of the major constitutional debates for generations.
		We needn't pine for an era of constitutional perfection that never existed to acknowledge that if there is no Constitution in exile, there is a Constitution with a lot of its teeth missing.
	www.enterstageright.com /archive/articles/0505/0505consinex.txt (850 words)

	TAP: Vol 14, Iss. 3. The Right-Wing Assault. Cass Sunstein. (Site not responding. Last check: 2007-10-13)
		Bush and his conservative supporters have said that they are committed to judicial restraint, interpretation of the Constitution as the framers understood it, respect for federalism and for local authority, and, of course, strict construction of our founding document.
		Its institutional obligation is not to implement the current president's policies but to try to minimize constitutional restrictions on Congress and the executive branch, in order to ensure that the elected branches have some room to maneuver.
		First in private but increasingly in public, they are urging that the real Constitution is in exile, and that it is time for a restoration.
	www.prospect.org /print/V14/3/sunstein-c.html (2058 words)

	Pejmanesque: THE CONSTITUTION IN EXILE
		Unlike many originalists, most adherents of the Constitution in Exile movement are not especially concerned about states' rights or judicial deference to legislatures; instead, they encourage judges to strike down laws on behalf of rights that don't appear explicitly in the Constitution.
		In addition to the scholars who articulate the movement's ideals and the judges who sympathize with them, the Constitution in Exile is defended by a litigation arm, consisting of dozens of self-styled ''freedom-based'' public-interest law firms that bring cases in state and federal courts, including the Supreme Court.
		America, at the moment, is engaged in an important debate about the relative merits and dangers of the market economy, and the advocates of the Constitution in Exile are aware that they cannot achieve ultimate success without persuading a majority of the American people to embrace their vision.
	www.pejmanesque.com /archives/010050.html (4377 words)

	AEI - Short Publications
		The preceding Outlook discussed the liberal-progressive vision for a “Constitution in 2020”--wedded to the constitutional apparatus of the New Deal and bent on entrenching, with the U.S. Supreme Court’s capable leadership, a European-style welfare state.
		But constitutional change is a fact, and originalists need to explain as a matter of substance, not merely temperament, what changes are in or out of bounds and why.
		Constitutional change is a constant even without the ideological confusion of a Living Constitution.
	www.aei.org /publications/pubID.22942/pub_detail.asp (6267 words)

	IPcentral Weblog: Constitution-in-Exile
		The phrase "Constitution in Exile" gets thrown about a good bit lately (32,000+ Google hits for it), often pejoratively, and if instinct serves it is likely to come up during the confirmation hearings on Alito.
		The memory of these ancient exiles, banished for standing in opposition to unlimited government, is kept alive by a few scholars who labor on in the hope of a restoration, a second coming of the Constitution of liberty-even if perhaps not in their own lifetimes.
		The question whether the jurisprudence of the New Deal went too far in glorifying govenmental authority, ignoring fundamental problems such as Public Choice and Prisoner's Dilemma, is a very live one, as the reaction to Kelo indicates, and much in need of debate.
	weblog.ipcentral.info /archives/2005/11/constitutionine.html (235 words)

	The Constitution in Exile
		Some observers have seen resemblance between aspects of this Court's jurisprudence and judicial positions in the era prior to 1937, using that year to mark a break within the preceding era, in which the Court interpreted the due process clause, the commerce clause and other Constitutional provisions to place more restrictions on government authority.
		Are we witnessing the emergence of the Constitution in Exile?
		The Regal University Hotel is holding a block of rooms at a special price for participants and attendees of “The Constitution In Exile” conference scheduled for October 5-7.
	www.law.duke.edu /publiclaw/conference/exileconference (296 words)

	MyDD :: Clarence Thomas Joins Constitution In Exile Movement
		This is the Constitution in Exile movement, whether it calls itself that or not, and it is sitting on the Supreme Court.
		They base their theory on a strained interpretation of the "vesting clause" of the Constitution and a few imaginative distinctions between minor wording differences in the way the power of the Judiciary, Congress and the Executive is "vested" by the Constitution.
		The initial debate focused on whether the Constitution rejected the "executive by committee" employed by the Articles of the Confederation in favor of a "unitary executive," in which all administrative authority is centralized in the President.
	www.mydd.com /story/2005/6/1/14162/59646 (3420 words)

	Constitution in Exile » Outside The Beltway \| OTB
		These rights are violated any time an individual is deprived of his property without compensation — when it is stolen, for example, but also when it is subjected to governmental regulation that reduces its value or when a government fails to provide greater security in exchange for the property it seizes.
		Volokh conspirator David Bernstein argues, quite persuasively, that there is no such thing as a Constitution in exile movement, except in the minds of liberal conspiracy theorists.
		Ken, that passage says that the Constitution and Federal law and Treaties duely ratified are the supreme law of the land.
	www.outsidethebeltway.com /archives/2005/04/constitution_in_exile (1702 words)

	Constitution in Exile - Homeland Stupidity
		But the most outspoken opponent of the Constitution in Exile is Cass Sunstein, law professor at the University of Chicago and author of The Second Bill of Rights: FDR’S Unfinished Revolution and Why We Need It More Than Ever, who has written a new book, Fundamentally Wrong, criticizing the Constitution in Exile movement.
		Epstein argues that whenever government takes property from someone outright, or passes regulations that reduce the value of his property, that he must be fairly compensated for the taking, or it is unconstitutional.
		Statists are right to worry that the Constitution in Exile movement will roll back some of their “progress” over the last 70 years.
	www.homelandstupidity.us /2005/04/17/constitution-in-exile (901 words)

	Judge Andrew Napolitano: The Constitution in Exile
		The U.S. Constitution is the supreme law of the land.
		In The Constitution in Exile: How the Federal Government Has Seized Power by Rewriting the Supreme Law of the Land, Judge Napolitano describes how reckless Congresses, imperial presidents, and compliant courts have expanded Washington's power far beyond the constitutional constraints.
		It has utterly rejected the idea, integral to the Constitution, that it is one of limited powers, carefully and precisely delegated.
	www.judgenap.com /about.html (1032 words)

	Here's What's Left: Constitution in Exile: The Danger (Site not responding. Last check: 2007-10-13)
		An obviously under-discussed aspect of Bush's judicial nominees is that some of them are sympathetic to Constitution in Exile arguments.
		Three candidates recently renominated by Bush for positions on the federal appellate courts are sympathetic to the ideas of the Constitution in Exile movement.
		In his famous, all too famous, dissent in Lochner, Justice Holmes wrote that the "constitution is not intended to embody a particular economic theory, whether of paternalism and the organic relation of the citizen to the State or of laissez faire."
	hereswhatsleft.typepad.com /home/2005/04/constitution_in.html (765 words)

	Power Line: Exiled to originalism
		But he denies that this wish is grounded in the desire to achieve certain outcomes, much less to restore the specific constitutional jurisprudence of the 1920s, as liberals who talk about the Constitution in Exile suggest.
		Rather, I understand Barnett to want the whole written constitution taken seriously (applied in a manner consistent with the original, publicly stated intent) because (1) otherwise judges are just making it up as they go along and (2) there is no reason why we should empower judges to do so.
		To the extent Sunstein responds to this, I take his answer to be pragmatic -- having judges interpret the Constitution in non-originalist ways works better, in some sense, than (1) having judges use the originalist approach or (2) dispensing with judicial interpretation of the Constitution altogether.
	powerlineblog.com /archives/011155.php (407 words)

	The Constitution in Exile Review
		The Constitution was once the bedrock of our country, an unpretentious parchment that boldly established the God-given rights and freedoms of America.
		An important follow-up to Judge Napolitano's best-selling Constitutional Chaos, this book shows with no-nonsense clarity how Congress has "purchased" regulations by bribing states and explains how the Supreme Court has devised historically inaccurate, logically inconsistent, and even laughable justifications to approve what Congress has done.
		It's an exciting excursion into the dark corners of the law, showing how do-gooders, 1e15 busybodies, and control freaks in government disregard the limitations imposed upon Congress by the Constitution and enact laws, illegal and unnatural, in virtually every area of human endeavor.
	www.eljay.org /amazon/The_Constitution_in_Exile.html (483 words)

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