Moral constitutionalism

While their adversaries do not hesitate to impose a moral philosophical position upon the country (as in Roe and 2015’s Obergefell v. H­odges), conservatives routinely claim that their hands are tied because the Constitution is agnostic. Our great charter of liberty apparently has nothing to say about the reality either of persons or of marriage. The conservatives’ Constitution is silent, whereas the liberals’ cannot shut up. Conservatives fail to see that sometimes, the answer to bad philosophy is not no philosophy but better philosophy.