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To: GregoryFul
The issue before the Supreme Court is primarily neither a health issue nor a moral one, but a constitutional one. Nowhere in the Constitution is the Federal government, including the judiciary, given the authority to supercede State legislation except insofar as that legislation is un-Constitutional. There have been laws against sodomy for centuries; the prohibition against it dates back to English common law. The right to privacy, derived from the Fourth Amendment, deals with the conduct of government agents in conducting seraches, seizures, and arrests. It does not deal with legislation enacted by a State legislature per se, unless, for example, that legislature attempted to suspend the writ of habeas corpus. Were the U.S. Supreme Court to overturn the Texas sodomy law, it would be as perverse a piece of jurisprudence as Roe v Wade with regard to abortion.
15 posted on 03/04/2003 6:45:32 AM PST by Wallace T.
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To: Wallace T.
It clear to me that the Supremes don't give a rat's ass for the Constitution -- they do what they collectively want, and then twist the plain words of the Constitution to fit their thinking.
16 posted on 03/04/2003 9:02:12 PM PST by GregoryFul
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