This week, the Senate Judiciary Committee will question Neil Gorsuch about the judiciary’s role. Herewith some pertinent questions:
▪ Justice Robert Jackson wrote, “The very purpose of a Bill of Rights was to … place certain subjects beyond the reach of majorities.” Was that not also the purpose of the 14th Amendment’s Privileges and Immunities Clause? It says: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” Was this amendment’s purpose to ensure that the natural rights of all citizens would be protected from abridgment by their states?
▪ Is it constitutional for Congress, by regulating political spending, to control the quantity and timing of political speech?
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