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...stood before thousands of Harvard alumni, former Supreme Court Justice David H. Souter ??61 did not take his audience’s intelligence for granted, using his Commencement address to argue against limiting Constitutional interpretation to mere textual analysis...
...minute speech, the thin, gray-haired man from New Hampshire—who has been associated with the court’s liberal wing—argued that ??Constitutional judging is not a mere combination of fair reading and simple facts.?...
Souter offered a rebuttal of what he termed ??the fair reading model,?? which calls for an analysis of the Constitution that is grounded in the language of the Constitution—at the expense of a more nuanced analysis that considers the contemporary values and outlooks that can shape judicial decisions...
...??Even the First Amendment, then, expressing the value of speech and publications in the terms of a right as paramount as any fundamental can be, does not quite get to the point of an absolute guarantee,?? Souter said...
...fair reading model, Souter noted, fails because the Constitution must be ??read as a whole, and when it is, other values crop up in potential conflict with an unfettered right to publish, the value of security for the nation and the value of the President’s authority in matters foreign and military.?...