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To: Darren McCarty
The natural rights of mankind is the foundational philosophy of these United States, you should familiarize yourself with the concept.

Yes, the Courts do have a responsibility for making sure that laws are Constitutional. Legislators and the majority of voters are not dictatorial - they cannot pass and enforce laws that trample the natural rights given to any citizen by our Creator and guaranteed to that citizen through our Constitution.

The laws against mixed marriages were not USUALLY enforced either - but when Mr. Loving married his pregnant girlfriend - and he was white and she was black - they were arrested and told to leave the State of Virginia.

Should Mr. Loving and his wife waited for the majority of voters in the State of Virginia to come around to the concept of equality under the law - or should that law have been struck down as Unconstitutional?

Do you think that as a citizen you have a sovereign and natural right to kill a non citizen?

69 posted on 02/16/2012 3:35:21 PM PST by allmendream (Tea Party did not send the GOP to D.C. to negotiate the terms of our surrender to socialism.)
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To: allmendream
The natural rights of mankind is the foundational philosophy of these United States, you should familiarize yourself with the concept.

I am actually familiar with the concept. I asked you because I wanted to see what your definition was. The problem with "natural rights" is that it is "natural rights" or "natural law" that gave us Roe v Wade. It's no longer just the John Locke style of philosophy which I actually largely agree with in principle.

they cannot pass and enforce laws that trample the natural rights given to any citizen by our Creator and guaranteed to that citizen through our Constitution.

That's normal judicial review. If the law is unconstitutional - as the constitution was written - it should be struck down. However, there's fine line between that and creating rights not specifically in the constitution ie Abortion. Gay marriage (should be decided on state level - preferably government should be out of marriage completely)

As for Loving v Virginia, I would "concur with the judgment" to use a SCOTUS phrase. The right people won, but the reasoning wasn't good. By creating a "fundamental right to marriage", it's lead by unintended consequences to court imposed gay marriage. The law should have been struck down simply on 14th Amendment equal protection grounds, especially as the original intent of those amendments are related to treat citizens as citizens regardless of skin color.

Do you think that as a citizen you have a sovereign and natural right to kill a non citizen?

No, but courts think so of the unborn.

71 posted on 02/16/2012 3:50:06 PM PST by Darren McCarty (Rick Santorum in the primary)
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