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« Flogging the Judicial Activist Meme | Main | (Not So) Quick Links » March 17, 2005
Wanted
Posted by Bill S M NS Blogger ISO commenters and readers; specifically those that believe that the Constitution affords us a penumbra of basic rights against highly intrusive government activity that is not specifically enumerated in the document. Likes: thai cooking, long walks, animals, judicial protection from the tyranny of the majority and waxing poetic over the rights of man. Pet peeves: snoring, CBS News, illegal searches and seizures, moonbats, Ted Kennedy, liberal nanny staters, conservative nanny staters and legislative fetishists. Dial code INDC. Posted by Bill at March 17, 2005 08:04 AM | TrackBack (0) CommentsEh? Getting on the Guest Blogger bandwagon? Hey. I'd go for the possibility of garnering more than five readers... Posted by: Bryan No, I'm in search of readers. Posted by: Bill from INDC I got your back Bill. I find it amazing that so-called conservatives believe that every right they have must be spelled out in the Constitution, hence derving from government itself. The whole point is that we have rights, not just specific rights but whole categories (see my earlier green hat example) that pre-date the Constitution and that it was designed to protect. As Barnett points out, the use of the word "retained" in the 9th amendment is crucial. These are rights *retained* by the people after the Constitution is written. Hence, they pre-date the document itself, and the point of things like the 9th amendment is to remind people that your rights are not just those enumerated in the document. Barnett's take on Lawrence can be found here and in longer version here. Posted by: Steve Horwitz I hate snoring ... how do I get my husband to stop? BUt, I have to add Katie Couric to my list of pet peeves ... can I still read? Posted by: carin I'm glad your into waxing poetic instead of poetic waxings. I briefly knew a girl who was into that ( Jack Kerouac and ritualized body hair removal), and frankly, it was just strange. Posted by: C.Y. Bill you had me at basic rights. (I may be easy, but I am cheap.) Posted by: rbj I'm more of the libertarian wing of the conservative movement however, there is a kind of logic missing when a person cites the 9th & 10th amendments, which DO point out that the People retain rights not enumerated then go on to support judges who "discover" nuggets of "new" rights .. how, I don't know -- tea leaves? chicken entrails? Cocktail party chit-chat at the French embassy? And then dictate them to the People who were supposed to retain them (and maybe, just maybe decide amongst themselves the form and function of those rights?)... pretty much removing said "right" off the table of public debate. As an aforementioned lib/con I certainly understand and support a view of the Constitution that puts shifts the burden of proof to legislatures to provide a compelling reason for any particular law. But I'm also tired of those particular kind of people who find their neighbors just a tad too happy for whatever reason and want to just the cudgel of a like-minded judge to beat 'em about the head and shoulders. AND BOTH political extremes are guilty of that. Posted by: Darleen AND BOTH political extremes are guilty of that. Certainly. Posted by: Bill from INDC I love Thai food. Posted by: Joe R. the Unabrewer Forgive me, Bill, I don't ever read the personals. What does "NS" stand for? No Sex? Non-Sexual? Neo-Subservient? No Shit? So many choices, so little...understanding. Posted by: Boyd |
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