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	<title>Comments on: &#8220;Conservatives&#8221;</title>
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		<title>By: William P</title>
		<link>http://www.theamericanconservative.com/postright/2009/09/09/conservatives/comment-page-1/#comment-2242</link>
		<dc:creator>William P</dc:creator>
		<pubDate>Mon, 14 Sep 2009 14:58:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.amconmag.com/postright/?p=954#comment-2242</guid>
		<description>I&#039;ve figured it out.  The ramblings of David Lindsay are the equivalent of listening to an apologist for King George III.  A Tory, through and through.</description>
		<content:encoded><![CDATA[<p>I&#8217;ve figured it out.  The ramblings of David Lindsay are the equivalent of listening to an apologist for King George III.  A Tory, through and through.</p>
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		<title>By: William P</title>
		<link>http://www.theamericanconservative.com/postright/2009/09/09/conservatives/comment-page-1/#comment-2199</link>
		<dc:creator>William P</dc:creator>
		<pubDate>Fri, 11 Sep 2009 18:53:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.amconmag.com/postright/?p=954#comment-2199</guid>
		<description>David might want to read this
http://mises.org/story/3674</description>
		<content:encoded><![CDATA[<p>David might want to read this<br />
<a href="http://mises.org/story/3674" rel="nofollow">http://mises.org/story/3674</a></p>
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		<title>By: Red Phillips</title>
		<link>http://www.theamericanconservative.com/postright/2009/09/09/conservatives/comment-page-1/#comment-2197</link>
		<dc:creator>Red Phillips</dc:creator>
		<pubDate>Fri, 11 Sep 2009 16:43:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.amconmag.com/postright/?p=954#comment-2197</guid>
		<description>&quot;Which is defined by both the text of the Constitution and the interpretive traditions used to explicate the Constitution over the course of our history.&quot;

SCMT, no. It is defined by both the text of the Constitution and the ORIGINAL INTENT of the people who wrote it and the States that ratified it. Constitutional interpretation is at least as much the job of the historian as it is the lawyer.

There is a name for the &quot;living and breathing&quot; constitutional jurisprudence that you describe. It’s called liberalism.

“Interpretive tradition” is not irrelevant, but it is secondary to text and original intent. It is appealed to after these, never before. And interpretive tradition can never trump them.</description>
		<content:encoded><![CDATA[<p>&#8220;Which is defined by both the text of the Constitution and the interpretive traditions used to explicate the Constitution over the course of our history.&#8221;</p>
<p>SCMT, no. It is defined by both the text of the Constitution and the ORIGINAL INTENT of the people who wrote it and the States that ratified it. Constitutional interpretation is at least as much the job of the historian as it is the lawyer.</p>
<p>There is a name for the &#8220;living and breathing&#8221; constitutional jurisprudence that you describe. It’s called liberalism.</p>
<p>“Interpretive tradition” is not irrelevant, but it is secondary to text and original intent. It is appealed to after these, never before. And interpretive tradition can never trump them.</p>
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		<title>By: Red Phillips</title>
		<link>http://www.theamericanconservative.com/postright/2009/09/09/conservatives/comment-page-1/#comment-2196</link>
		<dc:creator>Red Phillips</dc:creator>
		<pubDate>Fri, 11 Sep 2009 16:33:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.amconmag.com/postright/?p=954#comment-2196</guid>
		<description>&quot;A large proportion of the Republican electorate accepts *certain portions* of the welfare state&quot;

Thomas, it doesn&#039;t matter what the electorate &quot;accepts.&quot; What matters is what the Constitution authorizes. If the electorate thinks it should authorize more then they should bother to amend it.

I get what you are saying and agree with much of it. And I do think it is sometimes the case that Constitutionalists allow the cart (strictly following the Constitution) to get ahead of the horse (conserving our civilization). (Especially libertarian Constitutionalists whose highest value is freedom vs. conservative Constitutionalist whose highest value is preservation.) One could also criticize the Constitution from an anti-Federalist standpoint. But strict construction and originalism are simply not negotiable conservative positions. (They are negotiable libertarian positions because constitutionalism for the libertarian is a position of convenience.) To abandon them is to abandon a significant part of what we are trying to conserve.</description>
		<content:encoded><![CDATA[<p>&#8220;A large proportion of the Republican electorate accepts *certain portions* of the welfare state&#8221;</p>
<p>Thomas, it doesn&#8217;t matter what the electorate &#8220;accepts.&#8221; What matters is what the Constitution authorizes. If the electorate thinks it should authorize more then they should bother to amend it.</p>
<p>I get what you are saying and agree with much of it. And I do think it is sometimes the case that Constitutionalists allow the cart (strictly following the Constitution) to get ahead of the horse (conserving our civilization). (Especially libertarian Constitutionalists whose highest value is freedom vs. conservative Constitutionalist whose highest value is preservation.) One could also criticize the Constitution from an anti-Federalist standpoint. But strict construction and originalism are simply not negotiable conservative positions. (They are negotiable libertarian positions because constitutionalism for the libertarian is a position of convenience.) To abandon them is to abandon a significant part of what we are trying to conserve.</p>
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		<title>By: David Lindsay</title>
		<link>http://www.theamericanconservative.com/postright/2009/09/09/conservatives/comment-page-1/#comment-2192</link>
		<dc:creator>David Lindsay</dc:creator>
		<pubDate>Fri, 11 Sep 2009 13:39:33 +0000</pubDate>
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		<description>Thanks, Thomas. I have done a full post on this today. America wasn&#039;t very religious at all in the late eighteenth century, but went that way in the nineteenth and twentieth centuries because of immigration and revivals.

It is a quintessentially liberal position to venerate the American Republic as the simple product of the Enlightenment that it is, because it is the quintessentally liberal position to venerate the Enlightenment just as it stands.

The conservative position is to test the Enlightenment and its legacy, including to destruction where necessary, by reference to the whole Western tradition and (judged according to that tradition) the whole of human wisdom, and thus to recognize as part of that tradition and of that wisdom those parts which pass that test. And the Western tradition is fundamentally and ultimately the Christian recapitulation of the Hebrews, the Greeks and the Romans.

The American Republic is a key part of the Enlightenment and its legacy, as are the writings of the Founding Fathers.</description>
		<content:encoded><![CDATA[<p>Thanks, Thomas. I have done a full post on this today. America wasn&#8217;t very religious at all in the late eighteenth century, but went that way in the nineteenth and twentieth centuries because of immigration and revivals.</p>
<p>It is a quintessentially liberal position to venerate the American Republic as the simple product of the Enlightenment that it is, because it is the quintessentally liberal position to venerate the Enlightenment just as it stands.</p>
<p>The conservative position is to test the Enlightenment and its legacy, including to destruction where necessary, by reference to the whole Western tradition and (judged according to that tradition) the whole of human wisdom, and thus to recognize as part of that tradition and of that wisdom those parts which pass that test. And the Western tradition is fundamentally and ultimately the Christian recapitulation of the Hebrews, the Greeks and the Romans.</p>
<p>The American Republic is a key part of the Enlightenment and its legacy, as are the writings of the Founding Fathers.</p>
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		<title>By: Thomas</title>
		<link>http://www.theamericanconservative.com/postright/2009/09/09/conservatives/comment-page-1/#comment-2187</link>
		<dc:creator>Thomas</dc:creator>
		<pubDate>Fri, 11 Sep 2009 08:05:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.amconmag.com/postright/?p=954#comment-2187</guid>
		<description>Actually, politics and religion are inseparable, just as ethics and theology cannot be fully divorced.  

And the Founding Fathers were not particularly religious on average.  The late 18th century was quite a secular time in both Britain and America.  Church attendance was very low.  Among the Fathers (and early presidents) you find a disproportionate number of deists and Unitarians.  This was occasionally an issue in politics then, as John Adams accused Jefferson of atheism in the 1800 election.

Of course, this situation was largely reversed in the US (and somewhat UK) by the time of the American Civil War.  (Formal) religiosity comes in waves.

David&#039;s point entirely stands, even if it challenges the National Myth that the Founding Fathers took orders directly from God and wrote the fifth Gospel.</description>
		<content:encoded><![CDATA[<p>Actually, politics and religion are inseparable, just as ethics and theology cannot be fully divorced.  </p>
<p>And the Founding Fathers were not particularly religious on average.  The late 18th century was quite a secular time in both Britain and America.  Church attendance was very low.  Among the Fathers (and early presidents) you find a disproportionate number of deists and Unitarians.  This was occasionally an issue in politics then, as John Adams accused Jefferson of atheism in the 1800 election.</p>
<p>Of course, this situation was largely reversed in the US (and somewhat UK) by the time of the American Civil War.  (Formal) religiosity comes in waves.</p>
<p>David&#8217;s point entirely stands, even if it challenges the National Myth that the Founding Fathers took orders directly from God and wrote the fifth Gospel.</p>
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		<title>By: Thomas O. Meehan</title>
		<link>http://www.theamericanconservative.com/postright/2009/09/09/conservatives/comment-page-1/#comment-2183</link>
		<dc:creator>Thomas O. Meehan</dc:creator>
		<pubDate>Fri, 11 Sep 2009 03:09:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.amconmag.com/postright/?p=954#comment-2183</guid>
		<description>David, your ignorance of American History is so comprehensive as to constitute an insult to American readers.  If you believe that the founders were irreligious you have no deep understanding of the foundation of my country.  Before you embarrass yourself any more, please consider writing about UK politics here or something else you know about.</description>
		<content:encoded><![CDATA[<p>David, your ignorance of American History is so comprehensive as to constitute an insult to American readers.  If you believe that the founders were irreligious you have no deep understanding of the foundation of my country.  Before you embarrass yourself any more, please consider writing about UK politics here or something else you know about.</p>
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		<title>By: William P</title>
		<link>http://www.theamericanconservative.com/postright/2009/09/09/conservatives/comment-page-1/#comment-2180</link>
		<dc:creator>William P</dc:creator>
		<pubDate>Thu, 10 Sep 2009 19:20:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.amconmag.com/postright/?p=954#comment-2180</guid>
		<description>OK alright, sounds like a plan!</description>
		<content:encoded><![CDATA[<p>OK alright, sounds like a plan!</p>
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		<title>By: David Lindsay</title>
		<link>http://www.theamericanconservative.com/postright/2009/09/09/conservatives/comment-page-1/#comment-2179</link>
		<dc:creator>David Lindsay</dc:creator>
		<pubDate>Thu, 10 Sep 2009 18:28:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.amconmag.com/postright/?p=954#comment-2179</guid>
		<description>Not when recapitulated in Christ and His Church, they don&#039;t. And that recapitulation simply *is* Western civilization.</description>
		<content:encoded><![CDATA[<p>Not when recapitulated in Christ and His Church, they don&#8217;t. And that recapitulation simply *is* Western civilization.</p>
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		<title>By: William P</title>
		<link>http://www.theamericanconservative.com/postright/2009/09/09/conservatives/comment-page-1/#comment-2178</link>
		<dc:creator>William P</dc:creator>
		<pubDate>Thu, 10 Sep 2009 18:26:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.amconmag.com/postright/?p=954#comment-2178</guid>
		<description>David, did it ever occur to you that the three traditions you cite contradict each other in many ways, in many areas?</description>
		<content:encoded><![CDATA[<p>David, did it ever occur to you that the three traditions you cite contradict each other in many ways, in many areas?</p>
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