Abstract

Americans cherished a particular kind of liberty that the Constitution was ratified to protect. This original liberty was moral in character, communal in nature, and consensual in reach. At the dawn of the twentieth century, however, nine unelected judges began loosening the meaning of the Constitution, crowning themselves as the “supreme law of the land,” and burying the American liberty treasure under a heap of extra-constitutional court opinions. But hope remains for honoring America’s original liberty once again. The same source that created America’s original liberty can help bring it back.

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