In response to:

You Can (Not) Legislate Morality?

JJBiener Wrote: Jun 21, 2012 1:25 AM
What the...? When I read this I had to check to see if I was still reading Townhall or if somehow I had wandered over to HuffPo. My answer to the questions in Michael Brown's piece is " Have you read the Constitution lately?" The power of government in this country is restricted to only those powers allocated to it by the Constitution. If you reread that founding document from which all laws are supposed to derive their legitimacy, you will see there is no mention of morality. Quite the contrary, the document is primarily concerned with protecting the rights of individuals. However much people on the Left and the Right want to believe otherwise, there is no right to not be offended.

It’s one of the perennial debates in America, especially when we’re faced with socially divisive issues: Can you legislate morality?

If we mean by that question, “Can you make people moral through laws?” the answer is plainly no. If we mean, “Are laws put in place to govern people’s moral behavior?” the answer is plainly yes.

Morality is actually one of the main things that we must legislate, and my suspicion is that even those who bristle at this statement actually agree. As Frank Turek observed, “It never fails. Whenever some conservative takes a stand on a moral issue, some liberal...