Yah, well, if you think that title is lengthy, you should see the essay.
And it's worth reading because it is a brief, clear, and comprehensive statement about what went wrong with SCOTUS, beginning with Slaughterhouse.
The consequences? 'Rights' but no 'duties'.
This author has a small problem, however; he castigates Bob Bork for what the author calls a 'positive-law' bias which Bork held; but it is precisely 'positive law' which is a problem. See, e.g., abortion and queer "marriage." In brief, the author doesn't have much use for natural law, except to enshrine it as a bar to slavery--which it most certainly is. It's also a bar to homosexual "marriage" and abortion.
So go read it.
No comments:
Post a Comment