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To: SchuylerTheViking
As an individual I may agree with you. But as a Supreme Court Justice I SHOULD NOT have the right to go beyond the powers the Constitution provides to impose my ideas of right and wrong on the country.

That is why we are a free people. That is why we have legislators. That is what the democratic process is all about.

This country must not be ruled by benevolent philosopher kings. They have a habit of liquidating those who stand in the way of their view of the perfect society.

39 posted on 10/26/2003 2:25:12 PM PST by moneyrunner (I have not flattered its rank breath, nor bowed to its idolatries a patient knee.)
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To: moneyrunner
As an individual I may agree with you. But as a Supreme Court Justice I SHOULD NOT have the right to go beyond the powers the Constitution provides to impose my ideas of right and wrong on the country.

Do you think the Founding Fathers would have thought it permissible to require the surpassing of an intelligence threshhold on the right to bear children? I agree with you that the issue is not necessarily specifically addressed in the Constitution, but what about this excerpt from Section 1 of Amendment 14:

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Wouldn't bearing children be considered a "privilege" of citizens of the United States? It's arguable isn't it?

52 posted on 10/26/2003 2:53:47 PM PST by SchuylerTheViking (God Bless General Boykin)
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To: moneyrunner
As an individual I may agree with you. But as a Supreme Court Justice I SHOULD NOT have the right to go beyond the powers the Constitution provides to impose my ideas of right and wrong on the country.

That is why we are a free people. That is why we have legislators. That is what the democratic process is all about.

This country must not be ruled by benevolent philosopher kings. They have a habit of liquidating those who stand in the way of their view of the perfect society.

Then we should redefine all judicial systems in this country to be courts of law only and dispense with the concept of equity. By defining our courts to be in law and in equity, we subscribe to the concept that judges are somehow god-like. We also need to dispense with judicial immunity. We can never be truly free until judges are held to the same standards that they impose upon the rest of us.

60 posted on 10/26/2003 3:34:10 PM PST by PeoplesRepublicOfWashington
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