Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: tpaine
"...They never dreamed the states would attempt to invade their private lives & homes to do so, either. - Such acts cannot be decreed criminal and, -- they violate our constitution in their enforcement...."

I'll write this passage off to fatigue or carelessness. As has been repeated ad infinitum, sodomy was illegal in all thirteen original states. It would never have occured to the Founders not to criminalize the act. They were concerned about how these (and any) laws are enforced, but not that such laws exist.

Your statement regarding enforcement is negated by the facts of Lawrence v. Texas itself. Lawrence made no claim that due process was not followed by law enforcement. LE was investigating a claim that it had no reason to doubt and validly entered Lawrence's home in the process. While in the home they witnessed the commission of a crime under Texas law. They arrested Lawrence on suspicion of committing a crime. Where is the fundamental problem other than the fact that you believe that the act committed shouldn't be a crime?



242 posted on 07/02/2003 9:54:48 AM PDT by irish_links
[ Post Reply | Private Reply | To 239 | View Replies ]


To: irish_links
Where is the fundamental problem other than the fact that you believe that the act committed shouldn't be a crime?
242 -Irish-


The fundamental constitutional problem is ALWAYS what should be an individual right, and what should be 'illegal'.

Clearly; life, liberty and property are individual rights.

Clearly; those who violate individual rights, partially listed above, can be found by a jury to be criminals.

Clearly those who write/enforce 'laws' that violate those same rights, can be judged to be criminals.

Clearly, the latter is not being done, which jeopardizes the rule of law in our free republic.

We are long overdue to insist upon compliance to the principles of our rule of constitutional law on scofflaw politicians & their enablers, imo.

Throwing the Rinocrat bums out of office would be a good start.

245 posted on 07/02/2003 2:54:57 PM PDT by tpaine (Really, I'm trying to be a 'decent human being', but me flesh is weak)
[ Post Reply | Private Reply | To 242 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson