Recently a federal judge in California overturned as unconstitutional an initiative passed by California voters to define marriage as between a man and a woman. Lawyers who supported the suit to overturn the initiative included conservative and libertarian lawyers who would claim to support our constitution as constructed by our founders. What they don’t support is an understanding of the definition of marriage being between a man and a woman as a pre-existing truth that the state should be free to codify in its constitution.
Supposedly among the truths that our constitution secures is our right to our private property.
But what can that possibly mean if the federal government can define what health insurance is and force under law every American citizen to buy it?
It is a strange understanding of “life” and “liberty” that will allow this to occur. If government can dictate to this extent how I live and what I do, I begin to feel like they own me. I start feeling like Dred Scott must have felt.
So, yes, let’s put the spotlight back on our constitution. But let’s not lose perspective that our understanding and interpretation of it will be just as good as our agreement on and understanding and appreciation of the underlying values it’s there to secure and protect.
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