The headline reads: Harvard Prof Urges Liberals to Treat Evangelical Christians Like Nazis.

Hyperbole, to be sure; pariahs would have been more accurate.

What Harvard law professor Mark Tushnet actually suggested in a recent post on his personal blog (“Abandoning Defensive Crouch Liberal Constitutionalism“) was this (emphasis, mine):

The culture wars are over; they lost, we won. Remember, they were the ones who characterized constitutional disputes as culture wars (see Justice Scalia in Romer v. Evans, and the Wikipedia entry for culture wars, which describes conservative activists, not liberals, using the term.) And they had opportunities to reach a cease fire, but rejected them in favor of a scorched earth policy. The earth that was scorched, though, was their own. (No conservatives demonstrated any interest in trading off recognition of LGBT rights for “religious liberty” protections. Only now that they’ve lost the battle over LGBT rights, have they made those protections central – seeing them, I suppose, as a new front in the culture wars. But, again, they’ve already lost the war.). For liberals, the question now is how to deal with the losers in the culture wars. That’s mostly a question of tactics. My own judgment is that taking a hard line (“You lost, live with it”) is better than trying to accommodate the losers, who – remember – defended, and are defending, positions that liberals regard as having no normative pull at all. Trying to be nice to the losers didn’t work well after the Civil War, nor after Brown.

First, as I struggle to overcome my amazement at a Harvard law professor relying on Wikipedia, I dispute Professor Tushnet’s characterization of Liberal Constitutionalism as ever having been in a ‘defensive crouch’. Not in my lifetime, fella. In truth, it has been running amok through the halls of power for these last many years like a battalion of armed dervishes under the influence of mushroom tea. And it has destroyed virtually every law that once made America unique. Religious freedom is but one constitutional precept. Pah! Destroy them all. Leftists have ganged up on the ‘living’ Constitution and inflicted 1000 wounds, and the republic is now bleeding out. American citizens can no longer claim any of the Constitutional rights they enjoyed even as recently as 10 years ago. Tushnet declares victory from the pinnacle of a vast, smoking heap of trash.

The tone of his post is troubling coming from a law professor of his stature: Originalist opinions on matters Constitutional are to be put down bluntly and vigorously, with who knows what result. I wonder what the professor would have to say if the situation were reversed—if a solid originalist interpretation of the Constitution were currently holding sway. “Never give up, comrades. Die on the ramparts!” is my guess. His attitude reminds us that there really is no liberality in what passes for so-called Liberalism these days: irritation, disgust, arrogance, self-righteousness, and a desire to punish, but no liberality. For those of us for whom the destruction of our Constitutional rights holds ‘no normative pull’—so to speak—the Culture Wars are not over. They will never be over.

The professor may wish to refresh his memory about the terms of the Treaty of Versailles at the end of WWI, and the events in Germany after it suffered harsh, unrelenting reparations for 20 years. British Prime Minister Lloyd-George had counseled magnanimity, but French Prime Minister Clemenceau held out for punishment. Punishment won the day.

And we know where that led.