In this episode of New Ideal Live, Onkar Ghate and Ben Bayer explore the principles that should guide judges dedicated to interpreting a Constitution that enshrines and protects individual rights. From this perspective, they comment on statements given by Judge Amy Coney Barrett in her recent confirmation hearings for the Supreme Court.
Among the topics covered:
- The fundamental value of First Amendment rights;
- Why religious liberty isn’t specially privileged compared to other personal freedoms;
- Why the establishment clause and protection of religious liberty are not in tension;
- Why it’s important to acknowledge rights unenumerated by the Bill of Rights;
- Why the “originalist” approach to Constitutional interpretation is attractive to jurists with a religious mindset.
Mentioned in the discussion are Ayn Rand’s essay “Man’s Rights” and ARI board member Tara Smith’s book Judicial Review in an Objective Legal System.
This podcast was recorded on October 28, 2020. Watch or listen to the discussion below. Listen and subscribe from your mobile device on Apple Podcasts, Google Podcasts, Spotify or Stitcher. Watch archived podcasts here.