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Comment On Professor Van Alstyne's Paper, Henry P. Monaghan
Comment On Professor Van Alstyne's Paper, Henry P. Monaghan
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My major difficulty with Professor Van Alstyne's paper is its incomplete character. In the end, he makes only two points: first, judges are authorized to apply "this Constitution," not to do justice; and second, judges should not lie about what they are doing. The danger is that after a while the first point sounds somewhat empty, while the actual content of the second point seems entirely parasitic on the first.