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The nomination hearings of Elena Kagan to serve as a Justice of the United States Supreme Court provoked the usual amount of commentary on whether the nominee did or did not have the requisiit attributes for serving on that august body. Too bad so much of the discussion was rubbish. Despite the heavy intoning about the sanctity of our Constitution, and the need for the right judicial “philosoophy, very little serious attention was actually paid to what the Constitution is or what a Supreme Court...