Democracy and the Founders’ Constitution

Source: Law & Liberty
by Tal Fortgang

“As someone who has long profited from and appreciated Roger Pilon’s work, I must admit that I am gratified to see him reckon with my work—however critically—in his recent essay, ‘On the Importance of First Principles.’ I think the root of our disagreement is not that Pilon has first principles and I do not, needless to say, but that we order our principles differently. More precisely, we see principles ordered differently in our Constitution and the system of ordered liberty it instantiates. Pilon is a libertarian, and he thinks our Constitution is, too. … My view is that our constitutional order rests upon the default assumption that at the state level majorities can rule—indeed must rule—limited only by a partly undefined set of rights.” (07/29/26)

https://lawliberty.org/democracy-and-the-founders-constitution/