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Unity Is Dead, Long Live the Union

Advisory Opinions

NOTE

The Intersection of Government Entitlements and Originalism

The increasing growth of government entitlements has led to the notion that the federal government could resemble a 'pension plan with an army,' which, upon further reflection, may not be as detrimental as initially thought. The key concern lies more with the micromanagement by the federal government rather than its size alone. Federal entitlements obscure the responsibilities of states and create a delusion about fiscal realities, leading to a disconnect in governance. The speaker notes that the lack of a balanced budget at the federal level enables states to evade accountability. This situation shifts the burden of responsibility from the federal government to the states, compelling the latter to confront their obligations more rigorously. The dialogue transitions to originalism and the Supreme Court's evolving interpretation of constitutional principles. There are criticisms against originalism for its applicability in challenging cases, suggesting that judges should rely on underlying philosophies like individual liberty or common good when textual clarity is absent. However, the speaker posits that the guiding substance should stem from republicanism, emphasizing the significance of the legislature as central to the government's function, rooted in the original intent and understanding of the Constitution.

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