Common Good Constitutionalism - The Emerging Challenger To Conventional Limited Government Views

[Big Al's Famous Pork]

Common Good Constitutionalism seeks to redefine what consvervative views mean in 2022. Is it better to limit the amount of power the federal government has to influence every day life or is it better to use the federal government to do so?

Common Good Constitutionalism Could Influence Judicial Practice

University of Idaho College of Law’s Michael Smith examines common good constitutionalism. He analyzes the theory’s rapid ascent in conservative circles and among prominent academics and judges, noting its potential to eventually influence judicial practice.

news.bloomberglaw.com

Critics Call It Theocratic and Authoritarian. Young Conservatives Call It an Exciting New Legal Theory.

‘Common good constitutionalism’ has emerged as a leading contender to replace originalism as the dominant legal theory on the right.

www.politico.com

 

[Breadbassket]

Common Good Constitutionalism is an interesting pivot away from Originalism which is a position more susceptible to manipulation and misinterpretation. I think it could give American conservatives a more concrete legal theory, though it could be susceptible to potential opponents who will probably argue over what the definition of "common good" is.

 

[Matt Damon]

Government is - at best - a necessary evil no matter the particulars of how it's organized. That's why you should have just enough of it for society to function, but not one bit more.

Attempting to use government as an instrument to "do good" (whether constitutionally or via statutory law) is like using a chainsaw to cut your fingernails.

 

[Sexy Senior Citizen]

How about this: we go back to the Constitution, as written, follow the 10th Amendment and dismantle the alphabet agencies, and otherwise work to limit the power of the Federal government, placing power back in the hands of the states?