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The Political Orphanage

May 23, 2022

A rerun from Judge Week!
When the Constitution says "cruel and unusual punishment" does it mean by the standards of the 18th century, or our own? How much latitude should jurists take when interpreting the law?
Professor David Strauss of the University of Chicago has argued nineteen cases before the United States Supreme Court, formerly served as Special Counsel to the Committee on the Judiciary of the United States Senate, and sits on the Board of Directors of the American Constitution Society. He joins Heaton to discuss Living Constitutionalism: the school of jurisprudence favored by progressive judges.