cover image: LECTURE - Can Originalism Be Moral? - John Yoo

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LECTURE - Can Originalism Be Moral? - John Yoo

22 May 2024

The morality of constitutional law in Europe stems from the history and traditions that have existed from the time of the Roman Republic through the Catholic Church to the civil codes of today. [...] Imagine what the destiny of millions would have been if the United States had not intervened in World Wars I and II, protected Europe and Asia during the Cold War, and established the liberal international order after the disappearance of the Soviet Union. [...] The best way for a party to prove that it will keep its word is to contribute to expensive institutions that will safeguard its obligations and protect against subversion of the agreement, and the most credible signal that the North and the South could have sent was to devise a written constitution with a Supreme Court that would enforce its terms. [...] When that change adversely affects a party who helped to form the agreement, the change subverts the entire purpose of the agreement and, in turn, the country that the agreement was made to establish. [...] What matters is not the morality of the individual rules, but the morality of the system that makes those rules possible.
Pages
8
Published in
United States of America