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To: fwdude; LPM1888; DBeers
The debate is not about that moral judgments are made, but over the substance of the moral code invoked.

Upon these two foundations, the law of nature and the law of revelation, depend all human laws; that is to say, no human laws should be suffered to contradict these. There are, it is true a great number of indifferent points, in which both the divine law and the natural leave a man at his own liberty; but which are found necessary for the benefit of society to be restrained within certain limits. And herein it is that human laws have their greatest force and efficacy; for, with regard to such points as are not indifferent, human laws are only declaratory of, and act in subordination to, the former. To instance in the case of murder; this is expressly forbidden by the divine, and demonstrably by the natural law; and from these prohibitions arises the true unlawfulness of this crime. Those human laws that annex a punishment to it, do not at all increase its moral guilt, or superadd any fresh obligation in foro conscientiae to abstain from it's perpetration. Nay, if any human law should allow or enjoin us to commit it, we are bound to transgress that human law, or else we must offend both the natural and the divine.

SECTION THE SECOND.
OF THE NATURE OF LAWS IN GENERAL.
Blackstones Commentaries
a.k.a. the Lawyer's Bible

------

Scalia criticized the U.S. Supreme Court for its ruling in the 1973 Roe v. Wade case, which established the constitutional right to abortion. He said such decisions can't be made without a moral judgment, and should therefore be left to voters or the politicians they elect.

Justice Scalia is right. The federal court had no authority to decide that case because it's an issue of the civil law of the People, not the statutory law of the national government.

Their assumption of authority is what gave us Roe vs. Wade.

16 posted on 05/06/2006 12:36:16 PM PDT by MamaTexan (I will hold my government to the intent of the Founders...whether it likes it or not!)
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To: MamaTexan

I didn't realize that Blackstone was part of the U.S. Constitution. Which Amendment was it?


18 posted on 05/07/2006 12:59:45 PM PDT by LPM1888 ("If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy")
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To: MamaTexan

The Court used the Tenth amendment for its rationalization of that abomination.


47 posted on 05/09/2006 2:59:18 PM PDT by justshutupandtakeit (If you believe ANYTHING in the Treason Media you are a fool.)
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