Despite the founders’ intent to create a nation that was welcoming to those of all beliefs, an aura of awe and majesty has been superimposed on both those founders and the document they produced. They’re seen as prophets of sorts, and the Constitution they produced as holy writ: inspired and inerrant. To question it, or them, is seen as unpatriotic.
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Even our most basic protections are limited based on content and intent. You have a First Amendment right to free speech, but that doesn’t mean you can defame someone or yell “Fire!” in a crowded theater. … It seems absurd that the pardon power, which is much less fundamental to a democratic society than free speech… should enjoy greater protections from content-based limits than any other right enshrined in the Constitution.
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The ideals in the Declaration of Independence were, and are, worth aspiring to. These rights were worth preserving. But if we neglect to strive for them, they lose their power. Throughout our history, we’ve often ignored them — through slavery, voter suppression, misogyny, “manifest destiny,” and in many other ways. Now, though, we’re doing something worse: we’re abandoning them.
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