Empire, Republic and Shadow Wars 5.04 The Two Constitutions
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Nov 13, 2025 Explore the clash between civil rights and civil liberties, revealing how differing interpretations have shaped modern governance. Discover the impact of landmark rulings like Brown v. Board and Ricci v. DeStefano, and how civil rights laws expanded federal power while creating new complexities. Delve into the rise of a compliance industry and its consequences in higher education and beyond. Discuss the ongoing conflict between individual liberties and societal equality, and contemplate the future of American democracy amid these competing constitutional orders.
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Negative Rights Defined The Original Order
- The original Constitution framed rights as negative limits on government rather than positive entitlements.
- Sean Morswick argues this limited-government order maximized liberty but allowed systemic injustices like slavery and segregation.
From Limits To Affirmative Duties
- Brown v. Board and 1960s laws shifted constitutional meaning toward affirmative governmental obligations.
- Morswick says civil rights law turned negative protections into positive duties to enforce equality.
A Bureaucracy That Enforces Rights
- Civil-rights enforcement created a permanent bureaucracy with combined regulatory, investigative, and punitive powers.
- Morswick contends this apparatus expanded federal reach beyond traditional constitutional checks.
