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To: JCEccles
You said..."If anything, liberal supreme court justices have demonstrated a bias in favor of protecting and advancing social liberalism to the extent of inventing rights whole cloth as in the Roe v. Wade (the right to an abortion as an adjunct to the right of privacy enunciated in Griswold v. Connecticut). On the other hand, they have shown a bias against protecting personal property rights, a bias that dates back more than 70 years."

I believe that the issue of liberal judicial activism is that it recognizes and sanctifies SOME rights...for SOME individuals..usually at the expense of other rights for other individuals.

Take the so called "right to privacy" which underlies much of the pro-choice agenda. It may be invented, but I don't have a problem with codifying a right to privacy...or even erring on the side of increased rights...rather than limited rights. The issue however is that there is another human being....the fetus...whose rights have been abrogated by Roe v Wade. That is the context in which I see abortion.

This property ruling is similar. The SCOTUS is creating extra rights for some individuals...the developers...but at the expense of other individuals...the homeowners.

The issues of religious expression for Christianity...the Boy Scouts....etc... are also similar.

Ultimately liberalism creates special classes of people all of whom vie with each other for their EXTRA 'rights' given by almighty government.
58 posted on 06/24/2005 1:39:05 PM PDT by Dat Mon (will work for clever tagline)
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To: Dat Mon
I believe that the issue of liberal judicial activism is that it recognizes and sanctifies SOME rights...for SOME individuals..usually at the expense of other rights for other individuals.
Take the so called "right to privacy" which underlies much of the pro-choice agenda. It may be invented, but I don't have a problem with codifying a right to privacy... or even erring on the side of increased rights...rather than limited rights.

Our right to privacy, to be left alone, - is unenumerated because it is so self evident, so fundamental. As you said before: - "Fundamental rights should be protected at ALL levels of government...from the local up to the federal..."

The issue however is that there is another human being....the fetus...whose rights have been abrogated by Roe v Wade. That is the context in which I see abortion. This property ruling is similar. The SCOTUS is creating extra rights for some individuals...the developers...but at the expense of other individuals...the homeowners.

Again, well put, although I do not agree that women were acknowledged to have 'extra' rights by Roe.. Any prosecutor in the land can still put them on trial for murder.

The issues of religious expression for Christianity...the Boy Scouts....etc... are also similar. Ultimately liberalism creates special classes of people all of whom vie with each other for their EXTRA 'rights' given by almighty government.

Unfortunately, I see both sides of the political spectrum kowtowing before almighty gov, both fed & state.

67 posted on 06/24/2005 3:20:35 PM PDT by musanon
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