Source: Law & Liberty
by Roger Pilon
“It’s good that [Tal] Fortgang has gone after what he calls the counterintuitive Nejaime/Siegel democracy-promoting approach to protecting unenumerated rights, which is likely going nowhere. But his critique is itself a good example of what happens when a critic jumps into the middle of a complex issue and then tries to work his way out without ever going to the first principles of the matter. True, Fortgang seems to have something of a first principle, at least by implication. It’s that democracy trumps liberty, mostly. Problem is, that’s not the Constitution’s first principle …” (07/15/26)
https://lawliberty.org/on-the-importance-of-first-principles/