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Saturday, December 03, 2011

Rights Preceeding Constitution?

First has an excellent Hadley Arkes column called "Natural Rights Trump Obamacare, or Should,"  wherein the excellent Mr. Arkes raises the excellent, and ignored, question of whether conservatives can/should go beyond black letter constitutional law in defending freedom and the right to life.  It is a pressing constitutional and moral question:  do our legal rights start and end with the constitution?  It is even more pressing, as the Balkinization blog offers a new piece of liberal obfuscation-- the term "sail originalism," which seems like living constitution under a different name.  It is a commonplace of conservative and libertarian legal commentary that the commerce clause has been perverted by Supreme Court decisions since the New Deal, but it is probably impossible to return to original intentions of only regulating interstate commerce.

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