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Legal Commentary

: Althouse

"Is it possible that there might be something really ugly at the core of contemporary liberalism?"

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A question for Camille Paglia. An excerpt from her answer:
Liberalism... has been reduced to an elitist set of rhetorical formulas, which posit the working class as passive, mindless victims in desperate need of salvation by the state. Individual rights and free expression, which used to be liberal values, are being gradually subsumed to worship of government power...

...Liberalism has gradually sunk into a soft, soggy, white upper-middle-class style that I often find preposterous and repellent. The nut cases on the right are on the uneducated fringe, but on the left they sport Ivy League degrees.... It's a comfortable, urban, messianic liberalism befogged by psychiatric pharmaceuticals. Conservatives these days are more geared to facts than emotions, and as individuals they seem to have a more ethical, perhaps sports-based sense of fair play.


***

Paglia's point aligns with something Justice Scalia often says. Here's a passage from a case we talked about in my Conlaw2 class yesterday:
The virtue of a democratic system with a First Amendment is that it readily enables the people, over time, to be persuaded that what they took for granted is not so, and to change their laws accordingly. That system is destroyed if the smug assurances of each age are removed from the democratic process and written into the Constitution. So to counterbalance the Court's criticism of our ancestors, let me say a word in their praise: they left us free to change. The same cannot be said of this most illiberal Court, which has embarked on a course of inscribing one after another of the current preferences of the society (and in some cases only the counter majoritarian preferences of the society's law trained elite) into our Basic Law.

Full post as published by Althouse on April 08, 2009 (boomark / email).

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