Opinion | Noah Berlatsky: 'The Constitution doesn't magically safeguard our liberties, though it provides some principles that can be helpful in preserving them.' - NBCNewsTHINK
” dissents from this nearly universal enthusiasm. Franks isn't anti-Constitution. But she argues that uncritical reverence for the Constitution leads, not to liberty, but to injustice.
Franks compares constitutional fundamentalism to Biblical fundamentalism. Both, she argues, insist that a text is both infallible and instantly comprehensible while pushing highly contentious interpretations as an excuse to harm others without remorse."The combination of reverence and ignorance is at the heart of all fundamentalism," Franks writes.
Nonetheless, Franks says, First Amendment fundamentalism and Second Amendment fundamentalism create similar problems. First Amendment absolutists see it as an absolute right that must always be protected. So, the American Civil Liberties Union defended the right of neo-Nazi marchers in Charlottesville, Virginia, in 2017 not just to march, but also to march onThe ACLU won. But the result wasn't actually free speech for all.
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