7/16/2019

George Will’s Libertarian Turn

"Will’s joining forces with Erler/Jaffa concerning the Declaration as a fount of natural rights is highly ironic because the theory Jaffa midwifed leads in two diametrically opposite directions: Erler/Jaffa construe “the Laws of Nature and of Nature’s God” referenced in the Declaration as embodying fixed and immutable principles of 18th century morality—forbidding, for example, the legalization of abortion or the validation of same-sex marriage, even by legislation. Will, by contrast, adopts the libertarian theory of natural law (advanced by Timothy Sandefur in The Conscience of the Constitution, among others) that confers on all citizens the unenumerated right to be free from majoritarian interference—that is, laws enacted through democratic self-rule. (The Sandefur theory looks suspiciously like a Randian state of nature, not the popular sovereignty—“consent of the governed”—demanded by the Founders.)"