The closing term of the High Court brought about a body of decisions which have revived the hearts of constitutionalists while sending the secular-progressives into a state of malignant candor. None-the-less the greater question, that of a constitutional premise, is still largely ignored or at the very least completely un-resolved.
In its simplest terms I believe that, as to the American form of Constitutionally Mandated Limited Government, it boils down to the simplest filter of all; imposition and the eternal conflict between governance and the extent to which the weapon of government is used to impose upon one the will of another.
There is something quite incoherent in the argument that leaves open any prohibition of liberty if one believes that government has the freedom to restrict or impose upon the whole for the benefit of the few. This is not a mechanism that promotes or enhances freedom (and its expressing mechanism; liberty) in fact, as we’ve seen, it has the opposite effect.
It is and should always be a fundamental truth and component of advocacy that hold to a very simple tenet. Though I may be free to choose I do not possess the liberty to impose the burden of my choice on another. I must add, that there is no such thing as a common-good (as your freedom & liberty is the only evidentiary element that should be common to all) particularly if the articles that define the argument are simply defined by a legislative act (or Government action) whose interest is dominated by the aperture of a dust particle.
Yes, to some extent, the courts closing decisions are promising in as much as the justices demonstrate a nominal measure of constitutional coherence. There are by no means an affirming turning point so long as the false premise of free-to-impose dominates the national political and judicial conscience. Be reminded that many of these closing decisions were quite narrow (e.g., 5/4); let’s hope that no Pro-Constitution justice retires before the end of the Obama reign; the risk of further distortion is far too great.
Curtis C. Greco, Founder