What we are really discussing here, is the rebirth of fascism.
Exactly! Rwingers lover their fascism!
If Orban were a justice.
Gotta tell ya, none of this sounds even remotely "conservative".
What say you?
I think that it is "conservative in name only". I've read the original essay, and it is nonsense, intellectually. But, he does expose some of the chicanery of the "conservative" movement, and the lack of "conservat
ism" in it. Particularly the ideological, not conservative, basis for "originalism".
I grew up and was educated as a "conservative" in the old sense of the word. This is certainly not that.
"In this sense, common-good constitutionalism promises to expand and fulfill, in new circumstances and with a new emphasis, the Constitution’s commitments to promoting the general welfare and human dignity. Overall, constitutionalism will become more direct, more openly moral, less tied to tendentious law-office history and endless litigation of dubious claims about events centuries in the past. Originalism has done useful work, and can now give way to a new confidence in
authoritative rule for the common good."It reads like "benevolent dictatorship". Now, it does contain some allusions to legitimate concerns, but they are not consistent with the thrust of the argument. Intellectually, it is really shallow.
"As for the structure and distribution of authority within government, common-good constitutionalism will favor a powerful presidency ruling over a powerful bureaucracy, the latter acting through principles of administrative law’s inner morality with a view to promoting solidarity and subsidiarity. The bureaucracy will be seen not as an enemy, but as the strong hand of legitimate rule. The state is to be entrusted with the authority to protect the populace from the vagaries and injustices of market forces, from employers who would exploit them as atomized individuals, and from corporate exploitation and destruction of the natural environment. Unions, guilds and crafts, cities and localities, and other solidaristic associations will benefit from the presumptive favor of the law, as will the traditional family; in virtue of subsidiarity, the aim of rule will be not to displace these associations, but to help them function well. Elaborating on the common-good principle that no constitutional right to refuse vaccination exists, constitutional law will define in broad terms the authority of the state to protect the public’s health and well-being, protecting the weak from pandemics and scourges of many kinds—biological, social, and economic—even when doing so requires overriding the selfish claims of individuals to private “rights.” Thus the state will enjoy authority to curb the social and economic pretensions of the urban-gentry liberals who so often place their own satisfactions (financial and sexual) and the good of their class or social milieu above the common good."
