tag:blogger.com,1999:blog-1237087217187172116.post5722340103109817950..comments2024-03-28T10:44:30.518-06:00Comments on American Creation: Two More Interpretations of the P or I Clause @ Law & LibertyBrad Harthttp://www.blogger.com/profile/17669677047039491864noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-1237087217187172116.post-36325705504831073022019-03-28T18:34:42.719-06:002019-03-28T18:34:42.719-06:00There was a time I purposely ignored anything to d...There was a time I purposely ignored anything to do with the 14th Amendment and the jurisprudence that followed. What was the point?<br /><br />The 14th seemed to be a cudgel to which early courts gave dizzying spins [birthright citizenship, <i>Slaughterhouse</i>] and by the time they got done with <i>Everson, Roe, Casey and Lawrence</i>, <i>Obergefell</i>, the invention of "rights" unimaginable by its ratifiers was a virtual certainty.<br /><br />The "conservative" approach to it is hazardous enough even without 150 years of <i>stare decisis</i> to attempt to respect; the "living constitutionalist" approach can tease out virtually any "right" from "substantive" due process and "equal" protection of the law where any social mores and distinctions are <i>de facto</i> "discrimination," discrimination of any sort being facially unconstitutional.<br /><br />There seems to be a small bit of coherence lately, now that the tough moral questions of human life have been tabled by <i>Casey's</i> establishment of moral relativism as the law of the land<br /><br /><i> “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe and of the mystery of human life.”</i><br /><br /><br />At this point, study and debate of 14th Amendment jurisprudence and theory is a rearguard action, to see if there remains any refuge in America for objective morality, away from the heavy hand of what some philosophers have called the "dictatorship of relativism."<br /><br />https://avemariaradio.net/justice-kennedys-dictatorship-of-relativism/Tom Van Dykehttps://www.blogger.com/profile/07121072404143877596noreply@blogger.com