Most of you should be familiar by now with the Seven Stages of Liberal Legal Activism:1. It's a free country, X should not be illegal.
2. The Constitution prohibits X from being made illegal.
3. If the Constitution protects a right to X, how can it be immoral? Anyone who disagrees is a bigot.
4. If X is a Constitutional right, how can we deny it to the poor? Taxpayer money must be given to people to get X.
5. The Constitution requires that taxpayer money be given to people to get X.
6. People who refuse to participate in X are criminals.
7. People who publicly disagree with X are criminals.
This is the Web Log for Prof. Duncan's Con Law Seminar-- "How small of all that human hearts endure/That part which laws or kings can cause or cure." --Samuel Johnson “God grants liberty only to those who love it, and are always ready to guard and defend it.” --Daniel Webster "And against the constitution I have never raised a storm, It's the scoundrels who've corrupted it that I want to reform" --Dick Gaughan, Thomas Muir of Huntershill
Wednesday, August 31, 2016
How Did We Get Here?
How did we get from early religious liberty issues mostly involving small, non-mainstream religions or religious beliefs, to modern cases like Hobby Lobby and the Little Sisters of the Poor involving mainstream religious denominations and beliefs? Consider one one blogger has to say: