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Kagan's Disturbing Silence on Natural Rights

By Jacob Sullum, Reason - July 7, 2010

From last week's confirmation hearings, we learned that Supreme Court nominee Elena Kagan likes to eat in Chinese restaurants on Christmas. She did not say how she spends Independence Day, but evidently it does not involve reflecting on the meaning of our founding document.

According to the Declaration of Independence, people create government to protect their pre-existing, inalienable rights. Yet when Sen. Tom Coburn (R-Okla.) asked Kagan whether armed self-defense is one of those rights, she professed agnosticism.

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