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

To: general_re
One could argue, for example, that most Constitutional scholars agree that Federal regulation of workplaces is supported by the Constitution. However, most of these scholars hold to the position of stare decisis, so that the body of judicial opinion from John Marshall's day to our own is authoritative in interpretation of that document. This theory disregards what is the clear intent of the Framers of the Constitution, the doctrine of original intent. Many conservatives and most libertarians, including many FR posters, adhere to the doctrine of "original intent." Thus, they reject liberals or neo-conservatives who support Federal action based on stare decisis. "Most constitutional scholars" are regarded by them as an appeal to an inappropriate authority.

The same would apply to the "mainstream scientific community," which supports a naturalist worldview.

465 posted on 12/20/2004 11:29:30 AM PST by Wallace T.
[ Post Reply | Private Reply | To 444 | View Replies ]


To: Wallace T.
I see, so what you'd like is for us to accept the existence of a new sort of logical fallacy, the fallacy of citing authorities Wallace disagrees with.

I do not think this is likely to gain much traction among the logicians and philosophers of the world, but let me know how it works out.

469 posted on 12/20/2004 11:35:00 AM PST by general_re ("What's plausible to you is unimportant." - D'man)
[ Post Reply | Private Reply | To 465 | 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