by James C. Sherlock
Before voters go to the polls on Tuesday, I think it a useful exercise to consider the future of the Bill of Rights with a Supreme Court “expanded,” as promised by Democrats if they control the Presidency and the Senate, to provide a leftist majority.
To enable that reflection, it is useful to remember that the current Bill of Rights is composed of 10 amendments offered as constraints on the national government and, by extension of most of them, to state governments.
As a general observation, the left wing of the Democratic party opposes any restraints on federal power.
We will examine the controlling Supreme Court decisions that affect the enforcement of these freedoms and would be put in jeopardy by a court that embraced critical theory.
What follows are the musings of a citizen who is not an attorney, albeit a citizen who can and does read and recounts the common understandings of the Court decisions below.