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Life on the Old Plantation
Intellectual Conservative ^ | 28 October 2003 | La Shawn Barber

Posted on 10/28/2003 9:31:57 AM PST by presidio9

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To: dwd1
”I am impressed with your attempts to label me and make this about race..

My friend, I did not label you. Your “about” page where you provide personal information did that. I checked it before I replied.

Second, this issue is racial. The Judge’s opponents have made it so. They are desperate to not have a second Clarence Thomas on the Federal bench.

”The hardest thing about being conservative is having to explain to people that I have my own mind. I see those too far to the left and those too far to the right operating from a list of assumptions. “

I congratulate you for being a conservative, and recognize that having conservative views may be hard for you. That must expose you to a lot of criticism in your community. My only reply to your comment is that EVERYONE operates from a “list of assumptions.” Consider it your own personal philosophy.

The point of my reply was to challenge you to reconsider some of your assumptions. To consider where the middle of the stream is, and to determine if the Judge resides there. I always try to keep in mind that people like the editors of the NY Times and the anchors at the major broadcast networks consider themselves to be in the center of the mainstream. Are they? I don’t think so. But that’s my perspective.

”I can only speak my opinion based on what I perceive the truth to be. Please tell me if the purpose of this forum has changed.”

I could not agree with you more. Further, I don’t run this forum and have no say over its purpose or philosophy. So my comments would have not value regarding any changes.

”To the specifics, please refer to her speeches to the federalist society and come up with your own conclusion.”

I will see if I can access her speeches to the Federalist Society. In general, I find myself in agreement with the philosophy of that group, so from what I know if this issue so far, I would not define her opinions there as “ultra.”

”As I stated before, her problem seems to be that of the inconsistency between her public statements and her record on the bench. My opinion and apparently that of several others. “

Thank you for validating a discussion I have had on another forum. She is a JUDGE. That means she has to follow the law and precedents. That means – if she is a good judge – that she cannot substitute her own opinions for the law. That means that if she is opposed to abortion, but abortion is legal, she cannot rule that abortion is illegal. The primary problem with today’s judiciary is that they have begun substituting their personal views of the just, the good and the right for the law. If that’s the case, let’s dispense with legislatures and city councils as a waste of taxpayer dollars and be ruled by judges.

"where government moves in, community retreats, civil society disintegrates, and our ability to control our destiny atrophies. The result is: families under siege, war in the streets, unapologetic expropriation of property, the precipitous decline of the rule of law, the rapid rise of corruption, the loss of civility and the triumph of deceit." “

The paragraph you cite refers to the rule of subsidiarity. It is anathema to those who believe that all good things flow from government. But think of it in this way using a very simple example:

Let’s assume that – in an effort to stamp out child abuse – the government passes a law that prohibits a parent from punishing a child. Instead, the government passes laws that say when your child misbehaves, you have to call a cop. All sorts of procedural safeguards are established to protect the child – there must be witnesses, evidence must be introduced, people must show up in court, testimony is taken, etc. What do you think happens to a community under these circumstances? The parent can’t spank a child for misbehaving, can’t send the child to his room, can’t make him turn off the TV, can’t force him to do his homework. The “community” (parents in this case) “retreats” as the state moves in to take over what was previously a family function. Our ability to manage our own families “atrophies.” For a real-life example that is especially destructive of the black community, think about the way that kids in many schools are disrupting their schools because of laws that severely limit what a teacher can do to an unruly student.

Thanks for giving me an opportunity to have this discussion. You are - of course - free to disagree. But I hope we understand each other better.

21 posted on 10/29/2003 5:20:26 AM PST by moneyrunner (I have not flattered its rank breath, nor bowed to its idolatries a patient knee.)
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22 posted on 10/29/2003 8:51:26 AM PST by stand watie (Resistence to tyrants is obedience to God. -Thomas Jefferson)
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To: stand watie
In a dissent in San Remo Hotel v. City and County of San Francisco (2002), which upheld the city's sweeping property restrictions, Justice Brown expanded on that theme. "Theft is still theft even when the government approves of the thievery," she declared. "The right to express one's individuality and essential human dignity through the free use of property is just as important as the right to do so through speech, the press, or the free exercise of religion." Sounds like exactly the kind of judge I want on the Federal bench.
23 posted on 10/29/2003 8:55:29 AM PST by RKV (He who has the guns makes the rules.)
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free the south,sw

24 posted on 10/29/2003 9:08:25 AM PST by stand watie (Resistence to tyrants is obedience to God. -Thomas Jefferson)
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To: presidio9
LaShawn hits the bull's eye, especially with just how brainwashed many of my fellow Blacks are on the Left. It's actually very scary when you think about it.

...Another source that literally hits the target is Protest's latest on White Power, and how voting Democrat often leaves Blacks on the outside looking in when it comes to school choice, housing, etc. Click on to their website and see the full-page ad that was taken out in five college newspapers courageous enough to run it (the other twenty requested refused, for obvious reasons of course). In fact, I'm thinking of ordering the T-Shirt just to tick people off.

-Regards, T.
25 posted on 10/29/2003 12:06:47 PM PST by T Lady (.Freed From the Dimocratic Shackles since 1992)
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To: presidio9
An author with light coloured skin and straight hair would be crucified as a "racist" for writing like this...
26 posted on 10/29/2003 12:10:18 PM PST by ArrogantBustard
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