The Libertarian Constitutional Fantasy

By |2021-02-23T17:14:30-06:00December 4th, 2018|Categories: Conservatism, Constitution, Libertarianism|

The libertarian theory of constitutional law is clever and undoubtedly well-intentioned, but it is unsound from an originalist standpoint. It is historically untenable. It requires doctrinal leaps of Olympic caliber. Instead of increasing individual liberty, it would destroy the republican form of government by concentrating power in one branch of government. Debates regarding the role [...]