… I am a small-government, traditional conservative who thinks the Constitution is a deeply moral expression of liberalism.
And that’s why I like it.
Unlike the common good constitutionalists and postliberals and many of the nationalists, I think its liberalism is the most important thing about it. Postliberals like to argue that it is simply a morally neutral “procedural document.” Sure, it lays out some procedures. But it does so to codify some of the hardest-learned moral lessons in human history. A fair trial is procedural. Your right to one is a profound moral statement and commitment. Your right to worship, speak, move, and associate as you please may come from God, the author of our rights, but the commitment to recognize and protect those rights is not morally neutral at all. Just because people take these rights for granted doesn’t mean that they’re just the natural landscape. They are hard-won moral victories.