The Kansas Supreme Court majority’s philosophy of construing ‘what ‘liberty’ and ‘inalienable natural rights’ mean in the real world today’ leaves us with a rule of law as changeable as popular music.
What they were able to do to the Constitution implicitly through the courts, many progressives are now calling to be done externally at the expense of the judiciary’s independence.
Any lasting resolution to our gridlock and polarization will come only with a political realignment in which the winning coalition dominates national politics for a generation or more.
John Compton’s book ‘The Evangelical Origins of the Living Constitution’ argues that some of the worst political excesses of modern liberals were created and enabled by the progenitors of the religious right.
Eliminating the filibuster for Supreme Court nominees was the natural culmination of a tit-for-tat escalation by both parties. The brinksmanship is all symptomatic of a much larger problem.
During Neil Gorsuch’s confirmation hearings senators and commenters are batting around words like ‘textualist,’ ‘originalist,’ and ‘evolutionist.’ Here’s an illustration.
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