that myremarks on my own they are not those ofthe Attorney General of West Virginia orthe state of West Virginia it is aspecial privilege for me personally toget to speak on the same panel as ClarkNeely who is one of my legal heroes adecade ago when I was a student atGeorgetown Law I went to a federalsociety leadership conference where.
Isaw Clark speak about the generalprinciple he was just discussing sopanished passionately challenging theauthority of regulators over thoseseeking to make an honest living Iremember one line Clark said at thattime which stuck with me to this dayyou’ve never lived until you’ve defeatedbureaucrat in court and see him squirmfrom.
the loss of his power I nodded myhead in agreement then and I still dotoday when people try to make an honestliving they shouldn’t have to get apermission slip from the government nowthe other side of the story it is one ofthe challenges of being a principledconservative is that when you say ibelieve the Affordable Care Act isunconstitutional illegal because.
it goesbeyond the Constitution limits theresponse you’ll often hear from the leftis you don’t actually believe infederalism you don’t actually believe inconstitutionalism you believe in theseas just a convenient excuse to seek thepolicy ends of the day I stronglydisagree with this characterization oftextualism urge ilysm and federalism andI.
think most folks in this room andlistening in their offices disagree aswell we believe these are d principlesthat flow logically from our respect forour constitutional system of governmentwhich system protects all of ourliberties the North Carolina DentalBoard case is an ideal case study forwho is right and who is wrong about thisdispute the policy preferences ofvirtually all libertarians conservativesincluding myself are againstrestrictions on individuals right tomake an honest living and our favor offederal of freedom and consumerprotection for.
the viewers eloquentlyexpressed by my fellow panelists herebut is that I will explain the SupremeCourt’s decision in North Carolinagentle board is entirely indefensible ontextualism originalism and Fereldengrounds and should be soundly andemphatically rejected by everybody inthis room simply but no one here shouldbe happy about what the Supreme Courtdid the principal problem.
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