Keith Burgess-Jackson, J.D., Ph.D.

I was listening to the Great One (Mark Levin) on my way to Subway this afternoon. He keeps saying that Democrat members of Congress lack principles. Since when has legislation been principled? It has always been, and will always be, pragmatic. The legislative process consists of horsetrading, logrolling, and arm-twisting, and that's to mention only the savory parts. Levin is confusing legislation with adjudication. As Ronald Dworkin puts it, adjudication (at least at the appellate level) is "the forum of principle." Legislation is the forum of—for lack of a better term—interest aggregation.