There are, Powell writes, three fundamental criticisms of my views. First, in contrast to my denial of this position, some critics assert that the Constitution-apart from the Thirteenth Amendment-does in fact enshrine certain substantive moral commitments, though, Powell wryly observes, even these persons do not seem to be able to agree on what these commitments are.6" Second, some persons may believe that the results of the system are so awful that, if I am right in my standard of assessment, the system stands indicted for having legitimated such results. Here, Powell asks only that such persons agree that their criticisms are fundamentally destructive of the system itself.' Finally, some may believe that the recursion to conscience is a kind of trick, too intuitionist, too individualistic, to be of any help.

XREF: Connects to debates about constitutional originalism and moral readings of the text.

Philip Chase Bobbitt, Philip Chase Bobbitt - Refl…, loc. 147