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Jeff's avatar

I think you're on to something here, and I think this also helps explain the apparent fecklessness of Democratic leadership in Washington. Check it:

Pelosi: 82

Hoyer: 83

Clyburn: 81

Schumer: 71

Biden: 79

Pretty much all of these had their formative experiences during the area of consensus. It's no wonder they behave the way they do!

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Rodney's avatar

It’s not clear to me at all why US constitutional law is not part of university theology departments. Not because of the content, but because of the way in which scholars and the legal system relate to the foundation text. It reminded Hobsbawm of Rabbis ceaselessly arguing about the Talmud. A “historical” method - originalism - that is by definition thoroughly de-historicized. A historically contingent, politically malleable text somehow re-purposed as a historically transcendent Guide to Life. Practically a definition of ideology.

The strangest phenomenon being the legal theorists who simultaneously regard the Dobbs decision as both immoral *and* the correct interpretation of the Constitution. The head spins off its axis. American parochialism yet again. Other countries’ constitutional courts take cues from evolving international law and the rulings of international counterparts - the concept of a constitution as a “living tree” that grows and adapts, but always with the ideal of expanding, not restricting rights and definitions of personal autonomy. None of this happens in the US context, where the only referent is a single 200+-year old document. Theology, not law.

That said, absolutely, leftist anti-liberalism is a poison pill and a gift to insurgent fascism.

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