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640 pages, Hardcover
First published June 4, 2019
No acceptable theory for construing the Constitution can invalidate the court's conclusion In Brown; the conclusion invalidates any theory that rejects it. If a theory of constitutional interpretation cannot find in the document's text, when the text is construed to serve the document's purpose of framing a government that secures natural rights, grounds for striking down racial segregation in schools, a practice facially inimical to equal enjoyment of the blessings of liberty, then this theory must be discarded. The phrase "the blessings of liberty" is of course from the Constitution's Preamble. But the Preamble is not a mere decorative filagree on the Constitution. It is a statement of the objective of all that follows. (p. 180)
These ideas subvert civilization by denying that truth is found by conscientious attempts to portray accurately a reality that exists independently of our perceptions, attitudes, or other attributes such as race, ethnicity, sex, or class. Once a foundation of realism is denied, the foundation of a society based on persuasion crumbles. All arguments necessarily become ad hominem. They become arguments about the characteristics of the person presenting the thought, not about the thought. (p. 377)
It is false, and politically ruinous, for conservatives to assert that conservatism requires a shared religion or even ubiquitous religiosity. The assertion that particular virtues depend, or that virtue generally depends, on religion is an empirical claim, and demonstrably false. There are many virtuous unbelievers, and many virtues with no religious provenance, and many religious people who are not virtuous. (p. 481)