To: nunya bidness; tpaine
You'll like this.
2 posted on
07/10/2003 6:32:14 PM PDT by
Sandy
To: Sandy
Thanks Sandy. This article is definitive, - the best to date on Lawrence, and a definite bookmark.
I like his idea that it could help resolve our political deadlock:
"For Lawrence v. Texas to be constitutionally revolutionary, however, the Court's defense of liberty must not be limited to sexual conduct. The more liberties it protects, the less ideological it will be and the more widespread political support it will enjoy.
Recognizing a robust "presumption of liberty" might also enable the court to transcend the trench warfare over judicial appointments.
Both Left and Right would then find their favored rights protected under the same doctrine.
When the Court plays favorites with liberty, as it has since the New Deal, it loses rather than gains credibility with the public."
Regards.
9 posted on
07/10/2003 7:53:32 PM PDT by
tpaine
(Really, I'm trying to be a 'decent human being', but me flesh is weak)
To: Sandy
Libertarian beliefs ignore one simple fact, societies will regulate behavior.
Even the most radical of Libertarians has limits to what behavior is acceptable or not, if you gave people a questionare of a thousand different devient behaviors they would find at least one that even though it don't affect their physical well being or harm their property they would want regulated.
The question for those who truly want liberty in the long run is how to deal with the need for regulation vrs individual rights. It seems that giving 50 independent states and multiple local government increases the chance that minority rights is protected at least somewhere while majority viewpoints is also respected. With the laws being subjected to thousands of State Representives, PAC's, local movements and the will of the voters they will change more easily when needed than a national policy on morality.
If nine unelected judges can grant you your rights without question then they can take them away just as easy. Libertarians with realist beliefs should want the fight for liberty to be at the local level as a battle of ideas that they believe they can win in the political arena vrs having lawyers and judges protect our rights (anyone seriously trust a lawyer to defend liberty,anyone?)
17 posted on
07/10/2003 9:07:23 PM PDT by
Swiss
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