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by mindslight
448 days ago
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Just to be clear here, by "both sides" you mean both professional political machines - the bureaucratic authoritarians of the Democratic party and the autocratic authoritarians of the Republican party - with both succeeding at getting the Supplicated Council to write justifications that undermine individual liberty. This is the dynamic you're arguing in favor of escalating. Personally I wasn't a huge fan of the bureaucratic authoritarians either, but at least they brought us a measure of relative stability instead of, well, this (gestures vaguely around). |
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The difference between legal liberals and legal conservatives is their views of whose ideas define the scope of individual liberty versus government power. For example, whose ideas do you turn to to decide whether blue laws are an infringement of religious liberty, or within the legitimate scope of state power to regulate the “public health, welfare, and morals?” Legal liberals believe in a “living constitution.” They not only believe that contemporary ideas can inform the meaning of the constitution, but believe in certain privileged sources of those ideas. So, in their view, blue laws can be unconstitutional based on modern political philosophy, even if the founding generation regarded them as consistent with individual liberty, and contemporary voters support retaining them.
In my view, legal liberals should be held to their own standard. If the meaning of the constitution can be informed by contemporary ideas, Stephen Miller is just as valid a source of such ideas as the Harvard Law faculty.