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To: Hodar; monday
One could argue that the right to partake in this activity, is a right soley incumbent upon the individuals involved.

The US constitution places almost NO restrictions on the States (it does require that they have a Republican form of government). The bill of rights was a limitation on the FEDERAL government until the pernicious 'incorporation' doctrine of the Warren court decreed that they apply as against the states (except of course, the second amendment).

The founding fathers would have laughed at the notion that the ninth and tenth amendments created rights for people AS AGAINST THE STATES.

This is evidenced by the fact that sodomy laws were passed and enforced by states after the constitution was passed and no founding father ever commented on their inappropriateness under the Federal constitution.

This is one of the most common mistakes made by libertarians when they argue for a return to our original constititional scheme. That scheme envisioned that the State governments could regulate morals pretty much as they chose.

316 posted on 12/02/2002 3:13:24 PM PST by ffrancone
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To: ffrancone
This is one of the most common mistakes made by libertarians when they argue for a return to our original constititional scheme. That scheme envisioned that the State governments could regulate morals pretty much as they chose.

I believe you misunderstand, Libertarians want the goverment under tight control, like it was in the "original counstitutional scheme". Goverment has little to offer in the way of enjoying life, and a great deal to take away. Libertarians grant that goverment is a necessary evil, and that it is required for defense, highways, education, tax collection and police. However, the goverment has NO business in the bedroom. To lump the two topics together is nonsequitor. A cow is brown, grass is brown therefore cows equal grass. Everyone gets one shot at life. There are no garrantees as to the quality of life I will enjoy, nor the duration. I most strenously object to any person who feels so right in their faith, or emotional baggage as to dictate how I live my life. A libertarian simply believes that they will live life the best way they know how; and neither ask, nor want governmental assistance. We do not inflict our opinions upon others, and resent those who would do so to us. Pretty simple stuff, actually.

355 posted on 12/02/2002 3:40:55 PM PST by Hodar
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