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It is. Now let’s do Cass Sunstein, who’s made a career out of arguing that our right to express our opinions is a resource the govt should confiscate & redistribute to serve “the public good.” https://twitter.com/dgspragens/status/1245134788064874510
Or Louis Michael Seidman, who says we should “give up” on the Constitution entirely. https://www.nytimes.com/2012/12/31/opinion/lets-give-up-on-the-constitution.html
Or Laurence Tribe, who argues...who the hell knows WHAT he’s arguing? (This is an illustration from his book “The Invisible Constitution”.)
Or J. Harvie Wilkinson, who argues that the Constitution means nothing at all, and that our only actual right is the right to vote about how others live their lives? https://www.amazon.com/Cosmic-Constitutional-Theory-Inalienable-Self-Governance/dp/0199846014
Vermeule is a fascist, no question. But the idea that govt shd be free to do what it wants to us in the name of (what politicians deem to be) “the common good” is a mainstay of both conservative & liberal const’l “thought”—both of which are utterly alien to the Constitution.
Oh! I almost forgot Akhil Amar, who says that if you think the Const doesn’t give Congress power to force you to buy health insurance against your will, then you’re just like Justice Taney in Dred Scott. Remember l that? http://volokh.com/2011/02/06/sandefur-v-amar/
Bottom line: there’s a hell of a lot of crazy going round in law prof circles, especially in con law, where the good old fashioned classical liberalism of the founders is considered oh so passé.
