Tuesday, October 27, 2020

Amy Coney Barrett and the Virtue of Self-Government

Very recommendable! Self government means foremost to govern oneself responsibly and charitably at all times in a society of free individuals! This is very tough to do as our daily experiences tell us!

"... I believe the most pressing problem in policy-making today, and the issue at the root of much of our political dysfunction, is that we’ve forsaken self-government—rule of, by, and for the people. ...
Self-government is indispensable, especially in a diverse nation of free-thinking people. It gives individuals a sense of agency in public life. It allows different communities to live differently, based on their particular histories and priorities. Since self-rule makes us masters of our own fates, our energies are directed to real problems and practical solutions instead of abstract concepts and conspiracy theories about distant, invisible forces. ...
But in recent decades a number of trends have undermined self-government. The judiciary has invented new rights under the Constitution and statutes and then used them to invalidate democratically produced policies. This devalues the will of the people in at least two ways: It disregards what voters and their representatives actually did when ratifying the Constitution or passing a law, and it reduces the space for today’s voters and representatives to govern. ...
This shifts policy-making from a transparent process of debate and compromise led by elected representatives in a legislature to a veiled process of applying “expertise” led by technocrats in agencies.
The list goes on: too many executive orders; too little actual work in Congress; too much deference to detached “data-based decision-making” and the nudging of behavioral science; legal theories that would lead to the invalidation of more laws or read partisan preferences into the Constitution. We are in an era when too many leaders and institutions show insufficient respect for self-government. ...
America must recover the connected beliefs that the most important societal decisions should be made by the people, that decentralized decision-making enables American pluralism to work, and that our Constitution assigns law-making (and therefore politics) to the legislative branch. Only then can citizens and their communities feel like they are in control ..."

There is also a good discussion of the Bostock 2020 U.S. Supreme Court decision. "Justice Samuel Alito denies the majority engaged in textualism. His dissent begins, “There is only one word for what the Court has done today: legislation.” 

Amy Coney Barrett and the Virtue of Self-Government - The Dispatch Originalism's value isn't just in its dedication to old texts, but in how it honors the democratic will of the people.

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