I agree. But I don't think that's obvious to many people. I also think the foundations of math are political (... or perhaps ideological). And the understandable tendency to reduce sociology to psychology to biology to chemistry to physics is also political (or ideological). But there are plenty of people smarter and more well-intentioned than me who disagree.
So for those people, whether originalists or evolutionists, who believe in the Rule of Law, it's up to them (or us if we play along with the pretense) to derive the right from the Constitution ... and perhaps peri-Constitution precedent. And if the right *can't* be so derived, then it has to be grafted on as an additional axiom, either a federal amendment or a diversity of state laws/amendments. On 5/19/22 11:35, Marcus Daniels wrote:
What first principles? The court is a political organization.
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