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"Stop Seeking Certainty.." Minow's Response To Bork

In considering the views of Robert Bork and Martha Minow, I am impressed more by Minow. I will compare their respective views and arguments in an effort to show why I prefer the arguments of Minow to those of Bork. First though it is necessary to have a brief overvie ....

Middle of Paper
.... terms of understanding Constitutional intent. Bork began as an intention theorist, then later changed and came to adopt the textual originalist view point. Neither subdivision of the view of orginalism is very popular today, as is evidenced by the fact that Bork was not confirmed by the Congress when he was nominated for the Supreme Court. Bork argues that by reading the text, and figuring out what the public understanding of the Constitution was at the time of it's writing, we can discern what the Constitution actually means. The problem here ....

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