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Sep 30, 2022Liked by Scott Howard

I love it when you make me think.

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An interesting and intriguing proposal and I see the argument you’re making even if I’ll have to disagree again. Rights and duties go together but not in the way you describe. They’re separate and distinct. Entitlements - which differ from rights in that they’re given to you by the government - absolutely do come with strings attached. Rights don’t and incorporating the Bill of Rights to the states doesn’t cause or justify or legitimize overuse of the commerce clause and vice versa.

I see the argument you’re making about nationalization but I think the link is weaker than perhaps you do. You and I come from different places with regards to the role of states within the Constitution (as I’ve said in comments on an earlier piece of yours). I don’t think that the 14th amendment ipso facto leads to broadening the definition of interstate commerce.

As always, I enjoy the articles and the discussion.

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