For The Record

Ryan McMaken and I have been getting some of the same e-mails over our blog entries about the reporting on the Smalls case. And I feel the need to set the record straight.

I am not a cultural conservative. Nor am I a culture warrior. I am, at best, a “non-combatant” in the silliness that is called America’s “culture war.” Near as I can tell, “strict constructionism” is as much a nonsense term as “activist judge,” a term used by people who want the state to adhere to their notions of right and wrong in hopes the state will coerce people toward their notions of virtue. By using such a term, they also hope they can fool everyone with their “objective” commitment to the law and the Constitution.

I am against anything that increases the power of the state. It does not matter who proposes it. I am for anything that diminishes the power of the state, no matter who proposes it. I don’t spend my time talking about how to rearrange state power if it means the state still has just as much power at the end of the day.

The Smalls dissent was a foolish and idiotic opinion, now matter how well-grounded in “strict constructionism.” I’m grateful it was not a majority opinion.

Republicans have their way, however, it could be.

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7:30 am on April 30, 2005