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Originally Posted by scottw
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Great article. Cuts through all the agenda driven BS right to the actual point of the bill. One little thing raises my "hackles" far more than anything Spence, a really nice, decent, and likeable guy with whom I disagree on just about everything, says. That little thing Lowry mentions is the "compelling government interest" which can burden religious freedom. That "compelling interest" is a concoction by progressive judges that lets them get around constitutional limitations. The only "interest" the Federal Government is allowed by the Constitution, compelling or not, is that which falls within its enumerated powers. By granting themselves the ability to view legislation in light of some general compelling interest which may even fall outside enumerated limtations, the judges have given themselves the latitude necessary to give constitutional approval to anything the government wishes to do, especially when any "rational basis," another overarching progressive concoction, can be applied. "Compelling" and "rational basis," in general, are not only intrinsically outside the scope of enumerated powers, they are to a great degree subjective. As such, they become a matter of opinion, not a matter of law. And the "rational basis" theory was originally not only a result of a judge's personal perspective, but it was based on flawed data, so was actually "irrational."