https://amgreatness.com/2019/03/30/the-peoples-sovereignty-is-the-found
Although I don’t believe I have ever seen so many errors in such a short essay, the principal error in Mark Pulliam’s response to my recent piece, “Don’t Read the Constitution the Way Robert Bork Did” is this: If one claims to adhere to the original intentions of the Founders, one must first understand those intentions. In that effort, Pulliam fails in every respect.
Beginning with the question of natural law and the Declaration of Independence and moving in all directions from there, Pulliam presents a blinkered understanding of the purposes and meaning of our Constitution. There is not a single prominent American Founder—not Madison, Hamilton, Adams, Mason, Randolph, Wilson or any of a host of others—who did not believe that the Declaration served as the authoritative source of the Constitution’s authority. Miss this point and you cannot understand the original intent of the Constitution.
Pulliam cites Justice Scalia as an authority. However much we may praise many of the conclusions Scalia reached on the bench, it remains that Scalia, unlike Justice Thomas, was a positivist—saying on one occasion that if the majority voted to legalize abortion, then it should be legal. Thomas, however, realizes that according to natural law principles, abortion is a violation of the natural right to life that is expressly protected by the Constitution. In the face of Thomas’ argument, Pulliam collapses: natural law—“whatever that is.” Is it really so difficult!