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The Theory, Born at Harvard, That Could Remake Right-Wing Jurisprudence
The Crimson ^ | October 03, 2025 | Sophie Gao and Jocelyn E. Shek

Posted on 10/07/2025 10:45:39 AM PDT by Red Badger

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To: sopo

Not necessarily - read the sentence before that last sentence. The POTUS should not be tied up by any random judge who thinks he is the Almighty. And we have elections to select representatives rather than mob rule because we recognize that we can pick leaders wiser than ourselves, which implicitly allows for the idea that they will sometimes vote against the mob, even the mob that elected them.


21 posted on 10/07/2025 11:40:41 AM PDT by EnderWiggin1970
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To: Jamestown1630

Yeah, that’s what lurks in the back of my mind about the current composition of the Supreme Court. Hopefully Alito and Thomas, despite their Catholicism, resist this kind of triumphalism. No wonder so many of Trump’s judicial appointees . vetted through the federalist society, let alone Roberts and Coney, march as though listening to the cadences of two different drummers


22 posted on 10/07/2025 11:41:45 AM PDT by sopo
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To: EnderWiggin1970

Basically, he’s an integralist.


23 posted on 10/07/2025 11:42:40 AM PDT by GrootheWanderer
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To: EnderWiggin1970

An originalist concept of the unitary executive.


24 posted on 10/07/2025 11:42:49 AM PDT by sopo
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To: Tench_Coxe

Agreed, abandoning originalism, and you abandon the moral underpinning of the constitution. It’s the temptation of the left, do not fall for it.


25 posted on 10/07/2025 11:43:37 AM PDT by Truthsearcher
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To: Red Badger

““and can now give way to a new confidence in authoritative rule for the common good.”

And who exactly will be this wise authority that will define and enforce “the common good”?


26 posted on 10/07/2025 11:48:25 AM PDT by aquila48 (Do not let them make you "care" ! Guilting you is how they. control you. )
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To: sopo

I haven’t seen anything like this in Alito or Thomas.


27 posted on 10/07/2025 11:51:24 AM PDT by Jamestown1630 ("A Republic, if you can keep it.")
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To: aquila48

In June 2004, then-Senator Hillary Clinton made the statement, “We’re going to take things away from you on behalf of the common good,” during a Democratic fundraiser in San Francisco for Senator Barbara Boxer.


28 posted on 10/07/2025 11:52:30 AM PDT by Red Badger (Homeless veterans camp in the streets while illegals are put up in 5 Star hotels....................)
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To: Jamestown1630

agreed, they’re rock-ribbed.


29 posted on 10/07/2025 12:09:38 PM PDT by sopo
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To: GrootheWanderer

https://en.wikipedia.org/wiki/Integralism


30 posted on 10/07/2025 12:15:11 PM PDT by Jamestown1630 ("A Republic, if you can keep it.")
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To: Red Badger

The common good as mandated from on high is exactly what the Constitution prohibits.
Our individual rights, given by God Himself, are to be protected from the clowns in government.


31 posted on 10/07/2025 12:15:21 PM PDT by samiam5
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To: Red Badger

BUMP


32 posted on 10/07/2025 12:22:39 PM PDT by Albion Wilde (Draw the line that Kirk exemplified: debate is healthy; violence is unacceptable. --Christopher Rufo)
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To: Red Badger; sauropod; GrootheWanderer; Tench_Coxe; circlecity; Fai Mao; DesertRhino; anton; sopo
"Though Vermeule describes common good constitutionalism as originalism’s successor, the relationship between the two is hotly contested among legal scholars — and it remains to be seen if, and how, common good constitutionalism will follow in its predecessor’s footsteps."

Originalism is not a predecessor. It is the only way this Republic can function. The best of Enlightenment thought was distilled into the Declaration of Independance when it says, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness." Next came the Constitution and Bill of Rights as outgrowths of that foundation.

33 posted on 10/07/2025 12:44:41 PM PDT by Retain Mike ( Sat Cong)
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To: Red Badger

When I was on the old twitter, I once “liked” a comment that was critical of something that Adrian V tweeted... and he immediately blocked me. Touchy, touchy.


34 posted on 10/07/2025 12:50:04 PM PDT by irishjuggler
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To: Red Badger
“legal strictures, possibly experienced at first as coercive” that ultimately “encourage subjects

"Subjects", eh?

"at first as coercive", eh?

Hail Vermeule!!!

HAIL VICTORY!!!

35 posted on 10/07/2025 12:51:57 PM PDT by NorthMountain (... the right of the people to keep and bear arms shall not be infringed)
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To: Jim Noble
If commenting on posts on FR required reading the original article, all the posts going back to 1997 would fit on a single page.

That's a damning indictment of this forum.

We need to do better.

36 posted on 10/07/2025 12:56:16 PM PDT by NorthMountain (... the right of the people to keep and bear arms shall not be infringed)
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To: DesertRhino
The article is too long and wordy.

They're going for the world record.

37 posted on 10/07/2025 12:58:57 PM PDT by gitmo (If your theology doesn’t become your biography, what good is it?)
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To: irishjuggler

He sort of comes across that way.


38 posted on 10/07/2025 1:18:55 PM PDT by Jamestown1630 ("A Republic, if you can keep it.")
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To: DesertRhino

The article is too long and wordy. Just a lot of communist collectivist authoritarian sophistry.
__________
It’s just a rambling piece of work about various theories of jurisprudence that are not new and doesn’t really change a thing. Judges who stray afield of originalism defeat the very basis for law’s existence. The same holds true for God’s Word in the Bible from which much of our law derives.


39 posted on 10/07/2025 1:20:35 PM PDT by iontheball
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To: Red Badger

Never heard of Adrian Vermeule before, but his mother Emily Vermeule was Sather Professor at Berkeley when I was a graduate student and I went to her lectures. The only thing I remember from them is that she showed a cartoon where a man has been snatched up by a large bird and his wife is down on the ground yelling for him to drop his keys.


40 posted on 10/07/2025 4:31:50 PM PDT by Verginius Rufus
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