Who Are The Statesmen Of Constitutional Law?



Just noticing:

Chief Justice Roberts, inwards NFIB v. Sebelius, wrote that a (putative) dominion of constitutional doctrine, namely the action/omission distinction inwards the context of the commerce power, is sensible inwards lite of the fact that the Framers were “practical statesmen, non metaphysical philosophers.” 567 U.S. 519, 555.

Felix Frankfurter as well as Henry Hart, inwards what was essentially the Harvard Law Review Foreword for 1935, wrote that crucial elements of the Supreme Court’s practices inwards constitutional adjudication “express the sensibilities of statesmen, non the formulation of technicians.” See 49 Harv. L. Rev. 68, 94 (1935).

The 2 sources describe, to a greater extent than or less, the same virtue.  But they claim it for 2 dissimilar groups of people.  Because the statesmen Frankfurter as well as Hart were describing weren’t the Framers.  They were the Justices. 

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