To read this, one might think it was that the latter, unlike the former, pursues partisan political objectives. By contrast, I would have thought the difference is that the former pursued worthy and valuable moral and political objectives, while the latter generally does not. See generally.
It's often said "we're all realists now," but it's not clear that's true of the constitutional law professors quoted in that article.




I am very pleased to have stumbled upon this site. I am Andrew & Lynne’s nephew, Peter. My mother was…