My bumper sticker

[Mark Graber]

May I (and at least one other prominent member of this list) sell "It really does not Matter" bumper stickers.

In my (our) view, if Americans have engaged in a relatively enduring debate over some civil rights or liberties question (say 30 years), both sides will be able to make perfectly plausible arguments using any method of constitutional exigesis you want.  In 1954 (but not 2010), for example you could make plausible historical, aspirational, and democratic arguments for and against the result in Brown.

I should emphasize that the above refers only to most garden variety civil liberties issues and not to whether the constitution mandates equal state representation in the Senate.

MAG