Archived Posts June 2009 - Page 4 of 4 | Acton PowerBlog

Blog author: jwitt
posted by on Thursday, June 4, 2009

My essay on the Constitution, judicial activism and the “living document” trope is here at The American Spectator. Here’s one passage:

This brings us to the central irony. The very people most inclined to gush about our “living Constitution” treat it like a Mr. Potato Head:

Ooh, states rights. Let’s pop that off and replace it with a metastasizing Commerce Clause. Oh, and look here in my pocket. A constitutional right to redefine the age-old institution of marriage. Oh and let’s tack this one on, too — a constitutional right to kill a half born baby and throw whatever’s left in the garbage. If anyone complains, we’ll call it “the constitutional right to privacy.”

It’s time to pause and take the living-document metaphor seriously. Living things have an internal logic, have functional constraints. They aren’t endlessly malleable. You can’t replace grandpa’s liver with a second heart just because you think livers are passé — unless you intend to kill grandpa.

From Philip Jenkins at Foreign Policy:

Ironically, after centuries of rebelling against religious authority, the coming of Islam is also reviving political issues most thought extinct in Europe, including debates about the limits of freedom of speech, freedom of religion, and the right to proselytize. And in all these areas, controversies that originate in a Muslim context inexorably expand or limit the rights of Christians, too. If Muslim preachers who denounce gays must be silenced, then so must charismatic Christians. At the same time, any laws that limit blasphemous assaults on the image of Mohammed must take account of the sensibilities of those who venerate Jesus.

The result has been a rediscovery of the continent’s Christian roots, even among those who have long disregarded it, and a renewed sense of European cultural Christianity. Jürgen Habermas, a veteran leftist German philosopher stunned his admirers not long ago by proclaiming, “Christianity, and nothing else, is the ultimate foundation of liberty, conscience, human rights, and democracy, the benchmarks of Western civilization. To this day, we have no other options [than Christianity]. We continue to nourish ourselves from this source. Everything else is postmodern chatter.” Europe may be confronting the dilemmas of a truly multifaith society, but with Christianity poised for a comeback, it is hardly on the verge of becoming an Islamic colony.

Today Dr. Donald Condit looks at a new federal proposal called the Patients’ Choice Act, which promises more freedom in choosing health care insurance. “The PCA will enhance patient and family ability to afford health care insurance and incentivize healthier lifestyles,” Condit writes. “In addition, it would surpass other options in fulfilling our social responsibility to the poor and vulnerable.”

Read the commentary on the Acton Website and comment on it here.

The Detroit News says the General Motors bankruptcy filing “is a hammer blow for a state that was already on its knees.” In an editorial, the paper calls for an “emergency response” from government and an entirely new orientation to attracting businesses and jobs to the state:

Longer term, Michigan’s entire focus must be on creating a business climate that makes the state attractive for job creators in a wide range of industries. It can’t afford to focus on any one segment in hopes of finding the next Big Three. Its future will depend on making itself irresistible to investors across the spectrum.

This echoes Sam Gregg’s Detroit News commentary “Entrepreneurs Require More Room to Thrive” published on May 12:

Michigan must create an entrepreneur-friendly economy by lowering the cost of doing business for all firms, not just the favored few darlings of the moment. The state’s policymakers have spent decades trying to pick the winners (automation, biotech, green energy) that would rescue the state from its dependency on automotive manufacturing. But policy makers and elected officials do not “create jobs” or industrial sectors — businesses and entrepreneurs do.

Also in today’s News, Oskari Juurikkala writes about the push for greater regulation in financial markets:

Is lighter regulation the solution to economic crises? It depends. Some over-the-counter financial derivatives are practically unregulated, so there is nowhere to cut regulation. It might be more appropriate to cover such clear gaps in existing rules in a principled manner so as not to lead people to the temptation of recklessness.

But a few clear-and-fast rules are often better than numerous rules that are hard to understand — especially if they are poorly enforced, which seems to be the case in financial market regulation.

When designing rules for a game, one must take into account the moral character of the players. But there needs to be adequate variation: General laws designed for crooks will not produce any saints.