After roughly 10 years of interacting online with my blogfather Timothy Sandefur I finally got to meet him in person yesterday when he spoke at The Constitution Center. The video is here. If you watch it carefully enough, you can see me in the front row.
Mr. Sandefur’s book, The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty, was the subject of the discussion.
This was a wonderful debate about first principles, the notion of what has been termed "liberal democracy." Small d "democracy" means majority rules. Small l "liberal" means certain rights that are antecedent to majority rule.
Majority rules? Sometimes yes; sometimes no. How do we best protect liberty rights, when the majority might wish, via the democratic process, to put limits on such?
It's not always easy to draw the line. Sandefur's theory seeks to validate the primacy of liberty against the democrats of both the Left and the Right.
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