Thursday, July 21, 2005

Rick Santorum -- a must read article on the First Amendment

Posted here

T]he peculiar excellence of the Anglo-American common-law tradition over centuries, that which distinguished it from continental “legal science,” was its rejection of simplifying abstractions, its close attention to facts and patterns of facts. . . . It was this unique combination of common sense and modest . . . theory that enabled England and the United States to develop and maintain a legal order possessing the toughness to weather political and social upheavals. . . . When legal scholars distance themselves from those ways of thinking, they repudiate much of what is best in their professional tradition.

The Supreme Court of the United States in the past half-century has been a bad steward of its own jurisprudential traditions, preferring instead the neat abstractions of the latest “theories.”

Privacy. Neutrality. Free Expression. These three abstractions together make for a perfect storm, a jurisprudential hurricane for wreaking havoc on a moral ecosystem. Together they make of our Constitution not a document for democratic self-governance, but instead describe a pure liberal society of isolated individuals each doing their own thing within the politically correct boundaries carefully crafted and enforced by the village elders.

TAKE A MINUTE AND READ IT ALL.

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