Scalia has identified himself as a "faint-hearted originalist." Nowhere is his faint-heartedness more evident than in his refusal to seriously consider whether and to what extent the Constitution protects unenumerated rights.
The language of the Court's substantive due process opinions is often imprecise. And there is room for reasoned disagreement about particular decisions. But the essential premise upon which they depend is sound, and defenders of limited government should embrace it.
I never envisioned growing up in a society like this. I'm a 20 year old black male that hates to have to consciously go about my life. I have to consciously make decisions when I'm outside of my home, in society more than I should have.
Somewhere along the line, American women learned to call feminists "feminazis." We heard "abortion is murder" and didn't bother to correct the lie. We watched young vulnerable girls turn away from the morning after pill, shun the opportunity to abort their unwanted children.
The First Amendment undergirds the nation's utopian quest for "A more perfect Union." A beacon of light since 1787, it is the supreme testament to the nation's commitment to individual liberty, but that has changed over the past several years.
"In essentials unity...in non-essentials liberty...in all things charity." I have heard this phrase for the greater part of my religious life. In fact, I am pretty sure I have used the phrase myself. It is a much more helpful position to adopt in this world of multi-religious beliefs.
When it comes to vaccinations that have immense benefits to our public health, we should move forward with policies that preserve the community's rights to a healthy environment free of eliminable health hazards.
Freedom of speech and freedom of the press are like all other rights: to keep them you have to exercise them -- and sometimes that takes courage and involves risk. We should be profoundly grateful to those who help keep that right for us by exercising it.
Today the world that cherishes free speech and secularism is reeling from the devastating violent loss of life and the real dangers posed to speech. However scary it may be, I want to declare: Write. Draw. Say the outrageous.
Rarely do politicians or political parties offer a coherent framework for deciding when a higher level of government should preempt a lower level of government, or when individual liberty trumps state regulation. Which makes Alaska so refreshing and instructive.
Both guns and tobacco are intrinsically dangerous. Either might have redeeming value to be sure (defense and social pleasure, respectively), but an imaginary world in which there were no guns and no tobacco would be, well, safer. And neither should be the focus of the debate on American liberty.
You know you love someone when you want for them what they want for themselves. The three little words that really convey this sentiment are not, "I love you," which can mean all kinds of things to all kinds of people; rather they are, "As you wish."
Detroit has been at the heart of America since its founding in 1701. Over the years, Detroit has always been the center of America. Located geographically to connect America with Canada via the natural water systems, it is the way in to America's heart.
Less than a century ago, in 1920, Tennessee lawmakers ratified the 19th Amendment that allowed American women the right to vote in federal elections. The current drive by Republicans and corporate allies to uproot safeguards for privacy and women's rights undermines that legacy.
We could be forgiven for thinking this is a vaguely interesting gewgaw in a world benumbed by technological gadgetry. The iPhone Six is out, for crying out loud... But like those who scoffed at Karl Benz's strange "Motorwagen" in 1900, we'd be overlooking a revolution.
As Scotland lurches toward its historic vote for independence this week, it brings to mind a similar moment, seven score and fourteen years ago, when the American South voted, en file, to secede from our Union.
It's like facial recognition technology: if the features match up, you conclude, "It's the same guy." So it is with the match between the force that drove us to Civil War more than a century and a half ago, and the force that has taken over the Republican Party in our times.