Quote of the day–Will Haun

So no matter how the incorporation debate shakes out, an endorsement of originalism would be a victory for conservatives who prize intellectual honesty in constitutional interpretation.

Seemingly aware of these implications, the Left is trying to preserve the contrivances of “substantive due process” in an originalist guise. They want to define “privileges” and “immunities” as broadly as possible, to include what Doug Kendall of the Constitutional Accountability Center calls “very important progressive values,” such as abortion rights and same-sex marriage. The goal is to continue expanding “individual rights” while permitting restriction of property rights and economic freedoms.  So if the Supreme Court decides in McDonald’s favor, it could end the controversy over gun rights but begin a host of new battles in other areas.

Yet Robert Levy, chairman of the Cato Institute, is not afraid of opening a can of worms. He says that libertarians see McDonald as an opportunity “to resurrect economic liberties suspended by the Court under the post–New Deal version of substantive due process.” Conservatives should see this case as a rare opportunity to base any incorporation of the Bill of Rights on originalist grounds — an opportunity they should waste no time in seizing, for it may not come again.

Will Haun
June 08, 2009
[I find it very interesting that the phrase “conservatives who prize intellectual honesty” is used. What does this mean? Does it mean that most conservatives are not “intellectually honest” but liberals are? Or does it mean that no liberal can be considered “intellectually honest” but some conservatives are?

Regardless, there are those that have high hopes for the Chicago Gun Case to get us started on the path to liberty again. I admit to seeing a glimmer of that possibility but know that economic liberty is going to be a much tougher war than guns are and don’t have very high hopes. Even if the current system suffers a complete meltdown (and there are lots of indications that it will) there will still be strong resistance to liberty from those that will claim the collapse justifies even less freedom and a much great role for goverment to take in implementing a “planned economy” than it already has.

H/T to ubu52 for the link.–Joe]


5 thoughts on “Quote of the day–Will Haun

  1. Since the phrase “conservatives who prize intellectual honesty” has to do with “originalism,” perhaps it helps to look a bit deeper.

    Here’s a link that explains it:


    From the Link:
    “Not only do Republicans argue for application of the Fifth Amendment’s Takings Clause against state governments. They also vociferously insist that the Second Amendment is enforceable against the states.

    “In fact, Republican lawyers have recently found success in persuading some federal judges for the first time to treat the Second Amendment as enforceable against the states. It once was only the left-most Supreme Court advocates (for example, those who argued against prayer in public schools) who argued for the Incorporation Doctrine. Now, however, this is a “conservative” position and “conservative” public-interest lawyers take this position before the Supreme Court.”
    “In short, then, Republicans generally do not stand for principled adherence to originalism, which once was called “the Constitution.” Across a range of questions, they mirror their Democratic opponents in advocating judicial legislation of their preferred legislative outcomes.”

    Pretty interesting stuff. That 10th Amendment website appears to be some sort of State’s Rights/Libertarian site.

  2. Tom Gresham interviewed Alan Gottlieb on his radio show “Gun Talk Radio” yesterday (Sunday). Gottlieb said he was absolutely confident that they’d win the Chicago case. Interesting stuff. Check it out. Gresham is on less than 100 radio stations nationwide, it seems, but it was refreshing, not least because there were all gun manufacturer, gun training, and gun accessory ads during the commercial breaks.

  3. I don’t think I can stand watching the lefts cartwheels and na na na na’s if we were to lose.

  4. I find it very interesting that the phrase “conservatives who prize intellectual honesty” is used. What does this mean?

    Oh, come now, Joe. You know the truth of this. It’s that the poor guy unintentionally left out a comma, “…conservatives, who prize intellectual honesty…”


  5. A couple of thoughts.

    Incorporation is a done deal according to editorials in the most liberal of papers, The Washington Post, NYT, LA Times and Chicago Tribune. Under due process it should be snap. That was implied in Heller. However SCOTUS picked this case because it brought up a new doctrine that was considered dead, of Priviledges and Immunities. That may open a variety of ways to reduce governmental regulation on many issues. This may be was to fight against the suffocation increase of nanny state laws.

    I have no idea if this does happen under P&I as well as Due process what the ramifications will be. It is like a pebble thrown into a pool and where the ripples will end, I can not foretell. But it is a hopeful sign and may gives us a new tool in this fight against the overbearing weight of government

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