Abstract
A lesson in constitutional interpretation can be learned from baseball. Suppose that umpires were divided between strict constructionists and liberal constructionists of the Official Baseball Rules of major-league baseball. Under that circumstance, there would be Original Rules umpires (e.g., Scalia; Thomas), and there would be Living Rules umpires (e.g., Kagan; Sotomayor).An Original Rules umpire would consider himself bound by the Official Baseball Rules. A Living Rules umpire would allow himself to interpret the Official Baseball Rules dynamically.The United States Supreme Court is, and will continue to be, a political institution which decides policy questions. Therefore, it is necessary to curb the decision-making authority of that court. Two proposals are made.
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