DAVID BERNSTEIN IS CORRECTING Jeffrey Rosen’s constitutional history.

UPDATE: Tom Palmer comments.

ANOTHER UPDATE: More thoughts from Ann Althouse and TalkLeft.

MORE: Andrew Sullivan has a complaint that cannot be aimed at Rosen: “Oh, and those photographs! Several friends who know the men personally say they could not recognize them from the images. So Sunstein gets to describe himself as a moderate; while Epstein gets to see himself portrayed as a mob boss in a horror movie. Next time, the NYT magazine should just doodle in a couple of horns, forked tongue and some hooves. We get the idea. Why not be honest about it?”