To faithfully apply the original public meaning of liberty protected by the Constitution—that is to say, to be a faithful originalist—one must acknowledge that both a contractarian view of individual liberty and a Whig view of the liberty to make laws were held by the founding generation.
Free-speech jurisprudence has reached a state where it is acceptable to abridge speech on matters of public concern, but not on vile or private speech. And the Supreme Court has usurped the authority of line-drawing from the people to empower itself.
Since our culture has embraced Justice Kennedy’s “mystery of life” philosophy, we lack a coherent framework for making laws that don’t just cater to personal preferences.
The Left is adopting a Rousseauian view of religion’s role in public life: the state is to determine where, when, and how religious instruction should be permissible for citizens.
Supreme Court Justice Samuel Alito and Judge Robert Bork argue that the First Amendment gives the people greater deference to determine legitimate speech than the courts.