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To: tahiti
I agree with the point of your post. To say that a fetus is a non person is ludicrous.

The right to privacy emerged in Griswold v. Connecticut. It specifically declared the "right" of married men and women to obtain contraceptives. Soon it became a right (God given doncha know) to kill the unborn.

However, to say that A right to privacy is surely a right "retained by the people." is overly broad. Do the acts of pedophiles and wife beaters deserve privacy? I like the plain wording of Amendment IV. "The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated . . . "

Of course, few pay attention to the IV Amendment and our supremes ignore the IXth and Xth.

9 posted on 06/06/2005 4:48:40 PM PDT by Jacquerie (Democrats soil the institutions they control)
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To: Jacquerie
Justice Scalia quoted a bit of stare decisis whimsy in his opinion released today in the self-grown medical herb case. He writes: 'The Commerce Clause unquestionably permits this. The power to regulate interstate commerce "extends not only to those regulations which aid, foster and protect the commerce, but embraces those which prohibit it."'

Yet Solomon, the wisest King ever, wrote that "There is a place for everything under the sun." And the founders were more familiar and happy with Solomon's wisdoms than with than with that bit of later judicial reasoning.

Don't deny that Law may well ban for limited times the trade and public use of an item. And I mean items, not concepts or contracts. Sundries. Tangibles.

Yet foul a law that attempts to totally forbid private holding or private use of any item under the sun. Imo, as I understand the founder's ideas.

Yet any ban on trade should be viewed as an obvious on the face of it afront of the individual rights of property which the founders held very dear. The public use -- or uses that cannot be kept private, might be banned. But we should allow the private keeping and provate use of whatever is under the sun. That is basic Liberty.

To ban trade is to take by duress majestic, for at least a son inheriting an object dear to his father yet uncared for by the son should by basic Liberty be able to market it in provate sale to someone who is sane and well-known enough to keep or use the thing without endangering the rest of us. A permit to transfer with a tax on that permit -- a good too, and well-within the proper combination of Liberty and Prudence exercised by valid Government. Excepting in abnormal times of insurrection, distemper, riot, irrationality or immediate danger of war or catastrophe a no valid Government chartered to act on behalf of a free people recogniznant of their inalienable rights to individual private property, it would be an unauthorized overreach, a violation of charter to ban trade for indefinite or lengthly times.

So why Griswold? By all individual Liberty, the state could not totally and indefinitely ban transfer, trade, of condoms. A less rebellious court in a less ignorant era would have struck down Connecticut's law on those grounds.

18 posted on 06/06/2005 5:54:40 PM PDT by bvw
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To: Jacquerie
" Do the acts of pedophiles and wife beaters deserve privacy?"

The acts of the above violate the rights of others so their can be no right of privacy when a person commits a wrongful act.

Prof. Barnett in his book, "Restoring the Lost Constitution makes the following statement which will help you with your example of "overly broad" rights:

"Natural rights define the boundary or space within which people are at liberty to do as they please provided their actions do not interfere with the rightful actions of others operating within their own boundaries or spaces."

21 posted on 06/06/2005 7:09:32 PM PDT by tahiti
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