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Critics Call It Theocratic and Authoritarian. Young Conservatives Call It an Exciting New Legal Theory.
Politico ^ | 12/09/2022 | Ian Ward

Posted on 12/10/2022 12:29:16 PM PST by TexasKamaAina

At the center of this debate was Harvard law professor Adrian Vermeule, whose latest book served as the ostensible subject of the symposium. In conservative legal circles, Vermeule has become the most prominent proponent of “common good constitutionalism,” a controversial new theory that challenges many of the fundamental premises and principles of the conservative legal movement. The cornerstone of Vermeule’s theory is the claim that “the central aim of the constitutional order is to promote good rule, not to ‘protect liberty’ as an end in itself” — or, in layman’s terms, that the Constitution empowers the government to pursue conservative political ends, even when those ends conflict with individual rights as most Americans understand them.


TOPICS: Government; Society
KEYWORDS: constitutionalism
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This article reports on a conference about a current trend among conservative legal theorists called "common good constitutionalism." I've seen it mentioned here and there over the past couple of years. This lengthy article describes it more fully in contrast to the prevailing conservative legal philosophy of originalism. If you're interested in the philosophy of law you might find it informative. I must add that, just like the Catholic church used to have a list of prohibited books (maybe still does, I don't know) Politico is on FR's list of unwelcome sources. So just skip it if you find the source offensive.
1 posted on 12/10/2022 12:29:16 PM PST by TexasKamaAina
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2 posted on 12/10/2022 12:31:51 PM PST by BenLurkin (The above is not a statement of fact. It is either opinion, or satire, or both.)
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To: TexasKamaAina

There is nothing “conservative” about a constitutional theory where the collective is more important than individual liberty. Nothing.... pure trash.


3 posted on 12/10/2022 12:32:15 PM PST by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up..)
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To: TexasKamaAina
just like the Catholic church used to have a list of prohibited books (maybe still does, I don't know)

Done away with in 1966.
4 posted on 12/10/2022 12:32:30 PM PST by Dr. Sivana (But yet the Son of man, when he cometh, shall he find, think you, faith on earth? (Luke 18:8))
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To: TexasKamaAina

” “the central aim of the constitutional order is to promote good rule, not to ‘protect liberty’ as an end in itself””

Last I checked the government was not designed to “rule” over us and yes, protecting liberty IS job one.


5 posted on 12/10/2022 12:33:47 PM PST by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up..)
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To: TexasKamaAina

“Vermeule has become an advocate of integralism, a form of modern legal and political thought originating in historically Catholic-dominant societies and opposed to the Founding Fathers’ ideal of division between church and state. Integralism in practice gives rise to state order (identifiable as theocratic) in which a religiously-conceived “Highest Good” has precedence over individual autonomy, the value prioritized by American democracy”

More Harvard trash.


6 posted on 12/10/2022 12:36:13 PM PST by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up..)
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To: TexasKamaAina

Sounds like the kind of idea kids who want forgiven student loans and free health care would embrace, yes. Somebody must think this is the only way to pry them away from voting for Democrats.


7 posted on 12/10/2022 12:38:39 PM PST by Mr. Jeeves ([CTRL]-[GALT]-[DELETE])
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To: TexasKamaAina

Disrespecting the rights of one tramples the rights of all. If individual liberty isn’t sacred, no one is truly free.


8 posted on 12/10/2022 12:40:33 PM PST by pgyanke (Republicans get in trouble when not living up to their principles. Democrats... when they do.)
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To: Mr. Jeeves

Its basically conservative ‘living constitutionalism’ I guess. Simply being a roadblock to slow down libtardation hasn’t worked so maybe there is merit in taking a different tack although I haven’t looked too deeply into this theory.


9 posted on 12/10/2022 12:47:50 PM PST by jarwulf
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To: TexasKamaAina

This theory is utter BS and based on gaslighting and revisionist history.

“Good Rule” has been the theory of all governments both secular and religious from time immemorial.

It’s not new and it’s been tried thousands of times in earth history and always to great failure because “good rule” is always an elitist/classist proposition of the star belly sneetches ordering the plain bellies around.

You’ll see this type of “colonialist” thinking regarding support of the slave trade too.


10 posted on 12/10/2022 12:51:19 PM PST by Skywise
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To: TexasKamaAina

The saddest part of all of this is that depending on your age, you either grew up in an era where things were simple.

Parades. Fourth of July. Hot dogs and apple pie.

Then it transitioned to the disaster that has been created and what we’re living with now.

My mom and I talk and she tells me easy things used to be.

Then, by design, the 60s and 70s radicals, miserable, greedy and selfish people that they are, worked their way into the system and ruined everything.

Even in their Conservatism, these young kids are socialist.

IMHO, it started in schools years ago. I used to help buy my nephews school supplies. Of course I wanted to buy them Hulk and Superman lunch boxes. Get them whatever they wanted. NOPE. Was told that there was a list of things to buy. And those things were given to the teacher and then handed out by the teacher to whoever needed them.

From each according to his ability, to each according to his needs….straight up Marx.

And that was over 30 years ago in a conservative county in Georgia.


11 posted on 12/10/2022 12:54:59 PM PST by qaz123
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To: TexasKamaAina

Repackaged “living document” crap.


12 posted on 12/10/2022 12:56:55 PM PST by MileHi ((Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: TexasKamaAina

I’d be curious to sit down with a group of these kids and see how many of them would self describe as a Libertarian.

Contrary to popular belief, libertarians are NOT Right Leaning individuals. From the ones that I’ve met that describe themselves as such, they’re all pretty liberal. Just not BernieBros and some who enjoy gun ownership and a few ther things.


13 posted on 12/10/2022 12:58:07 PM PST by qaz123
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To: TexasKamaAina

“Good rule” as in the trains run on time and Mussolini is your president for life? No thanks.


14 posted on 12/10/2022 12:58:29 PM PST by Wilhelm Tell (True or False? This is not a tag line.)
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To: TexasKamaAina

Wrong.

Anti-liberty = authoritarian/totalitarian

I don’t care WHAT they call it.


15 posted on 12/10/2022 1:05:29 PM PST by Westbrook (The Democrats are wizards at two things: Finding votes and losing evidence.)
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To: TexasKamaAina

A broken promise is a broken promise. Our Constitution is a promise we must all individually keep, and keep vigilant that the subject of the change is the individual, not a group.


16 posted on 12/10/2022 1:14:43 PM PST by RideForever (Damn, another dangling par .....)
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To: DesertRhino; pgyanke; Skywise; qaz123; MileHi; Wilhelm Tell

I have to agree with all of you. It is alarming because, as the article explains, the philosophy of originalism ascended from a similar seminar about 40 years ago. Likewise, critical race theory, was originally something being kicked around in obscure academic circles. It’s the old cliche about “ideas have consequences.” The fact that this “common good” approach to the Constitution is coming from the right doesn’t make it any less dangerous than the left’s “living constitution.” We need to keep an eye on it.


17 posted on 12/10/2022 1:18:24 PM PST by TexasKamaAina (The time is out of joint. - Hamlet)
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To: DesertRhino

IOW, young RINOs.


18 posted on 12/10/2022 1:18:53 PM PST by Bethaneidh
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To: qaz123

You’re not wrong. I was born in ‘87, and thanks to my rebellious nature and having to grow up quickly when in high school (chronic illness), I easily rejected pushes to socialize and move my politics left, much to my teachers’ chagrin. My friends, not so much. They were dupes. Even one with a Master’s in history is somehow a Leftist... No clue how that happened.

We were given lists of supplies to buy, but what our parents bought stayed with us. There was an option to buy “extra” aupplies for kids who couldn’t afford them, but I grew up in one of the most conservative towns in the state, so that was kind of a non-starter.

Now though, it went blue in the last election thanks to wealthy liberals fleeing Chicago. My county is right next door, and I think my family will be gentrified out of an area that was already becoming difficult for us to continue to afford.


19 posted on 12/10/2022 1:49:25 PM PST by Tacrolimus1mg (Do no harm, but take no sh!t.)
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To: Tacrolimus1mg

went blue in the last election thanks to wealthy liberals fleeing Chicago.

They destroy everything in their path. Like the aliens in Independence Day.

My brother was telling me that the ones from NYC have destroyed Sullivan and Ulster Counties in NY, when they all started fleeing NYC. They spin it as….look at how much property values have gone up…..while folks like me want to force them back into their brownstones and high rises so they can eat the sh*t sandwich they helped make.


20 posted on 12/10/2022 1:56:02 PM PST by qaz123
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