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When Real Judicial Conservatives Attack [Dover ID opinion]
The UCSD Guardian ^ | 09 January 2005 | Hanna Camp

Posted on 01/09/2006 8:26:54 AM PST by PatrickHenry

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To: puroresu

Dave is correct because there is no law granting homosexuals constitutional rights based on their sexual lifestyle. the us Constitution is the law of the land and states may not enact laws in gerogation of those federal constitutional rights. Doesn't mean they don't do it anyway.


321 posted on 01/09/2006 3:24:04 PM PST by connectthedots
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To: Lurking Libertarian

So just where did canines and cats diverge? Besides, they have a different number of chromosomes.


322 posted on 01/09/2006 3:26:27 PM PST by connectthedots
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To: puroresu
The bottom line is that no one even suggested that Congress should exercise its authority under the 14th by banning prayers in school, or removing crosses from city seals, or any of the things the ACLU and liberal judges have read into the 14th in recent decades. Congress never even considered such legislation, let alone passed it. Did Bingham follow up on the 14th's ratiication by introducing a bill to outlaw school Bible readings? Or requiring science classes to be agnostic? Of course he didn't, because he never dreamed of such a thing, let alone supported it.

My bottom line is that any attempts to divine the intent of the 14th Amendment other than its actual wording are not in keeping with a strict constitutionalist. That wording prohibits states from making any law abridging the privileges or immunities of citizens of the United States. It does not grant any exceptions. This results in the states facing the same limitations regarding deprivation of individual rights as the federal government, to include the U.S. Constitution. Even if this was an unintended consequence with respect to the legislators that created it, this still holds true.

323 posted on 01/09/2006 3:29:42 PM PST by Antonello (Oh my God, don't shoot the banana!)
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To: Antonello

Good post! The problem with asserting judicially enforcable rights under the 9th Amendment is that two claimed rights can contradict one another. Some libertarians argue that the 9th grants federal judicial enforcement power on unenumerated rights. But what happens when two claimed rights contradict one another, or when an unenumerated right conflicts with an enumerated one?

Under this reading of the 9th, an unborn baby can't have a right to life without pregnant women losing their right to abortion, and vice-versa. Blacks can't have a right to be served at a racist restaurant owner's lunch counter without the owner losing his right to choose for himself whom to serve, and vice-versa. Gays can't have a right to marry one another without the voters losing their right to decide the definition of marriage, and vice-versa.

In all the above cases, I refer to judicially enforced rights, claimed under the 9th Amendment. The court can't grant one without denying the other.

The best understanding of the 9th seems to be that it was intended to leave states (and their voters) free to recognize unenumerated rights if they so chose, and to bar the federal government, including the federal courts, from interfering with them. In other words, the Supreme Court could not deny or disparage other rights if granted.

It sounds really nice to say that we as citizens have every right we might imagine, but at many points such rights conflict. I'd prefer the legislative branch to the judicial in sorting out these rights.


324 posted on 01/09/2006 3:29:45 PM PST by puroresu (Conservatism is an observation; Liberalism is an ideology)
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To: Binghamton_native
Yes, as a matter of fact. Just as they should be able to decide that only rock music can be taught in their schools. When the citizens of the jurisdiction don't like what is being decided, they elect a new school board. A fine example of a democratic republic in action.

So those in the minority should never have any rights?

325 posted on 01/09/2006 3:31:10 PM PST by Antonello (Oh my God, don't shoot the banana!)
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To: mlc9852
And what drives natural selection?

It's an inevitable consequence of the interplay between genetic variation and the real world.

It would actually take divine intervention to *prevent* natural selection from occurring any time heritable phenotypic variation is present in a population.

326 posted on 01/09/2006 3:40:21 PM PST by Ichneumon
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To: Antonello

I'm outta here for suppertime! I appreciate your willingness to debate in good faith. Have a good evening! We'll likely cross swords again sometime!


327 posted on 01/09/2006 3:47:23 PM PST by puroresu (Conservatism is an observation; Liberalism is an ideology)
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To: b_sharp; mlc9852
Argument by appeal to popularity. Yup, that aughta work.

"Hain't we got all the fools in town on our side? and ain't that a big enough majority in any town?" - Mark Twain

328 posted on 01/09/2006 3:48:19 PM PST by Oztrich Boy (Free Speech is not for everyone, If you don't like it, then don't use it)
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To: connectthedots; bobdsmith
I have no need to address it.

This is wrong. You do need to address this. bobdsmith has very effectively shown that the same arguments used to dismiss, say, dinosaur to bird evolution (not accepted by most creationists) make the same amount of sense (not much, admittedly) when used against the wolf-to-poodle evolution most creationists profess to accept.

The ICR version [my paraphrase]: "So one day a snake gives birth to a bird. But where is there another little bird for it to mate with?"

The bobdsmith version: "Have you ever seen a wolf give birth to a poodle? What would be the chances of a male poodle and a female poodle coming into existance at the same time and then mating?"

I am not an evolutionist.

That doesn't get you out of the problem. That gets you into it.

I have no problem with the fact that dogs have been domesticated and have been breeded by men in such a fashion that different lineages result in vastly different appearances and traits, but they are all still dogs.

You have the problem that the dopey creationist strawman which supposedly precludes the kinds of evolution you don't accept also precludes the kinds you do. You need to address this.

329 posted on 01/09/2006 3:53:35 PM PST by VadeRetro (Liberalism is a cancer on society. Creationism is a cancer on conservatism.)
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To: puroresu
Enjoy your meal! That debate was a blast - I'm looking forward to sparring again sometime :-)
330 posted on 01/09/2006 3:53:41 PM PST by Antonello (Oh my God, don't shoot the banana!)
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To: puroresu

Dave

WTP?


331 posted on 01/09/2006 4:07:47 PM PST by Doctor Stochastic (Vegetabilisch = chaotisch ist der Charakter der Modernen. - Friedrich Schlegel)
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To: Irontank
It seems hard for Americans today to appreciate how connected Americans were to their states and how fearful they were of the federal government.

Especially with so much Conservative support for Gary Hart's and Andrew Young's Patriot Act.

332 posted on 01/09/2006 4:10:20 PM PST by Doctor Stochastic (Vegetabilisch = chaotisch ist der Charakter der Modernen. - Friedrich Schlegel)
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To: Ichneumon
It would actually take divine intervention to *prevent* natural selection from occurring any time heritable phenotypic variation is present in a population.

Brilliant point.

Which will be ignored, as usual.

333 posted on 01/09/2006 4:11:25 PM PST by Wormwood (Iä! Iä! Cthulhu fhtagn!)
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To: connectthedots; donh; bobdsmith; Doctor Stochastic; Lurking Libertarian; VadeRetro; PatrickHenry; ..
What is the likelihood that a male and female of some 'new' species would be born at approximately the same time, in the same general location and with the exact same mutation; survive to adulthood; find each other; successfully breed and raise young to adulthood?

What is the likelihood that this ignorant question was already asked in this very thread, and answered in my post #114, and you didn't bother to read the thread first before diving in?

Oh, right, the likelihood of that is "certainty".

And what is the likelihood that you have already asked this same question and already had it answered before in this post, eleven short days ago? You can't even claim not to have seen it, because you responded to it.

So why are you now dishonestly pretending to not know the answer to your question? And why are you dishonestly pretending that we responding to such questions with "nothing but silence", as you falsely claim in this same post:

Evolutionists are great at speaking in very broad terms about small changes over long periods of time, but when forced to look at what would be required at some particular point when a new species could appear, there is nothing but silence or unsupported claim that such a specific event is not required for evolution to be true.

The astute reader will note that "connectthedots" is lying.

He says that there is "nothing but silence" from evolutionists in response to questions about "what would be required" for evolutionary change. But not only is this false, HE MAKES HIS SNOTTY FALSE CLAIM ATTACHED TO A QUESTION THAT HE *KNOWS* WE'VE ALREADY ANSWERED RECENTLY.

Just how dishonest *does* someone have to be to be an anti-evolution creationist, anyway?

334 posted on 01/09/2006 4:11:51 PM PST by Ichneumon
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To: PatrickHenry

I've always thought the Puritans were the way they were out of simple fear. They were so afraid of their immortal souls they began living in fear of life. Seems to fit you typical Creationist just as well.


335 posted on 01/09/2006 4:21:02 PM PST by furball4paws (The new elixir of life - dehydrated toad urine.)
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To: Dimensio; donh
I could have sworn that this was explained in detail, ad nauseum to a creationist who steadfastly refused to get the point and insisted that evolution demands one species produce offspring of a completely different species no matter how clearly it was explained that this is not the case. And, for some reason, I feel like the creationist in question was connectthedots, but I don't put a lot of stock in my memory, so I don't want to say that I'm sure. I do clearly remember a creationist quite obviously deliberately missing the point, but I can't say for sure that it was the one to whom you are responding presently.

Your memory is entirely accurate. See post #334. And it was a mere eleven days ago...

336 posted on 01/09/2006 4:23:04 PM PST by Ichneumon
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To: Ichneumon
And it was a mere eleven days ago...

How can you prove it was 11 days ago? Maybe the speed of light has been slowing down. < /creationist mode>

337 posted on 01/09/2006 4:27:09 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: bobdsmith; connectthedots
I've seen it answered many times. Your argument assumes new species can only appear suddenly in one generation. An analogy: What is the likelihood that a male and female of some 'new' dog breed would be born at approximately the same time, in the same general location and with the exact same mutation; survive to adulthood; find each other; successfully breed and raise young to adulthood? For example one day a wolf gave birth to a male poodle and by sheer coincidence another wolf nearby gave birth to a female poodle, and by even more sheer coincidence both those male and female poodles managed to find each other and mate. What's the chance of that? Well near zero of course, but then again this is nothing like how it happened - gradual steps, not sudden steps.

Another perfect analogy is that the English language descended from the ancestral language of Latin.

According to the goofy creationist argument this must have been impossible, unless there came a time when suddenly a new generation of people spoke English and couldn't understand the Latin that their parents were speaking...

Yet again, the "clue for the clueless" is that these things happen very gradually, such that the changes which are introduced in any one generation are too small to cause insurmountable problems or incompatibilities, and yet over large periods of time the small per-generation differences accumulate to the point where the grand total change (in language, or species) are so large (when comparing starting point to ending point) that the final result is almost unrecognizable compared to the original starting point.

This concept is so simple and obvious that even a child can grasp it, but for some reason the anti-evolution creationists never manage to wrap their brains around it. Go figure.

Another instructive point of the language analogy is that French, Spanish, German, and other languages *also* have descended from Latin roots, as well as English. The means by which this occurs -- that is, how multiple different languages descended from a common original language -- are the same means by which lineages of living things can give rise to multiple descendants (e.g., the original primates gave rise to apes *and* monkeys *and* lemurs *and* humans, among many others). Species not only change, they *split*. Thus the "tree of life", which includes many branchings.

338 posted on 01/09/2006 4:32:26 PM PST by Ichneumon
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To: Ichneumon
Just how dishonest *does* someone have to be to be an anti-evolution creationist, anyway?

Are there recognizable degrees of dishonesty? Maybe so, but for one who persists in being a creationist after significant exposure to to the information presented in these threads, I'd say 100% dishonesty is pretty close.

339 posted on 01/09/2006 4:36:00 PM PST by PatrickHenry (Felix, qui potuit rerum cognoscere causas.)
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To: stands2reason
C'mon, unless she suffers from some sort of short-term memory loss, she's trolling for the lurkers.

Fine by me. If he/she/it wants to keep convincing the lurkers that anti-evolution creationists are dishonest ignoramuses, I have no problem with that.

I'll keep doing my part by pointing just *how* dishonest and ignorant the posts are.

340 posted on 01/09/2006 4:36:04 PM PST by Ichneumon
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