Larry Flynt's Endorsement of Hillary an Endorsement for Putting More Power into Fewer Hands

Once declared, these due process rights trump legislation, executive action and individual action because the whole rationale is really overcompensation for the ignored Privileges and Immunities Clause of the Fourteenth Amendment. That clause was supposed to restrain the legislative branch and the Due Process Clause was for restraining the judicial branch. But it all got twisted, and now the Due Process Clause does all the work of the Fourteenth Amendment through judge-claimed expansions of judicial power.

If checks and balances were a game, substantive due process would be the trump card. The old man who made a fortune in the business of satisfying public appetites understands that.

Therefore, when choosing an executive, Flynt does not worry about Hillary’s personal positions, which he does not like, because they are less important than her criteria for appointing judges to the bench. He guesses, correctly I think, that she will be more likely to appoint lawyers who are open to reading into the laws of the country, whatever they think is right.

But there is a caveat that most people who look to the courts miss. They think only moderates, as Flynt calls them, read into the law. And they assume that moderate politicians will succeed in appointing moderates to the courts. That's harder than it seems, and substantive due process is a bipartisan error. For instance, its assumptions held up Dred Scott v. Sandford and invalidated the many provisions of the New Deal before FDR made his famous threat.

In short, opening the secret repository of rights can go both ways. Once we all acquiesce to judge-made law, then anything goes, really. And since liberals like Hillary Clinton are more likely to govern on policies rather than principles, the potential for “fun” with the law of unintended consequences is high. My go-to example of possible government policy reversals is contraception, but there are many more potential turnabouts. One only needs to use a little imagination.

By endorsing Hillary for her chance to pick a U.S. supreme court justice, Flynt is really endorsing the consolidation of more and more powers into fewer and fewer hands. And that is a surprising thing to hear coming from the mouth of a libertarian.