In the confirmation hearings for Elena Kagan, Americans will hear a debate over how to interpret the Constitution. On one hand are conservatives who preach strict adherence to the framers’ intent. On the other are liberals who see a flexible entity that must adapt to a changing world.
But you don’t have to wait to assess the competing theories. Rarely have they been more starkly opposed than in the Supreme Court verdict that life without parole may not be imposed on juveniles who have not killed. And rarely has each side done a better job of exposing its own flaws.
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