Most of you know my positions on homosexuality and abortion. In an ideal world people should be left alone as much as possible. Gays should not be persecuted or be given extra rights. We all have a right to be fleeced on April 15 every year.
My problem with the focus of the law is the placement of imaginary concepts into law and the problem with incrementalism. The current dogma is that one has a "right to privacy ". No you are protected from baseless searches. Mark Levin goes through the history of incrementalism of this absurd notion.
Do I have a right to build a drug lab in my bedroom ? Do I have a right to build an atomic weapon in my bedroom ? Do I have a right to film botanical pornography in my bedroom ?
There has never been a right to commit criminal acts in privacy or public. The last example is legal but a stretch of the imagination. I can see people rushing out to buy Trees behaving badly as we speak. The ultimate example of this insanity are the left wing critics of external radiation sweeps of Mosques in the USA.
The key in any search is probable cause. If Law enforcement has a reasonable suspicion then a warranted search is advisable. Once person X has communicated with terrorist Y probable cause has been established. One can easily make a case that Marxist by definition of who they are and their history have established probable cause generations ago.
The notion of privacy starts in the case Griswald vs Con. The case was about birth control in CT and has been expanded to include every type of behavior. The opinion
of Justice Douglas who would have a Clintonian episode with a flight attendant in the
Supreme Court has been twisted like a pretzel. Justice KKK Black whom the left loves for his imaginary wall between religion and state dissented.
Now this being said I am still a supporter of Gay rights as human rights. Gays should not be persecuted because of their proclivities. Human rights in the Constitution are granted to each one of us by our creator, not some nut in a Black Robe. The notion that the sex police are out there waiting to catch sexual deviants is a farce. However if and when they do a certain Bill from Chapaqua NY should take notice.
I am also pro abortion with plenty of reservations. Partial birth abortion is infanticide and I do not buy the primacy of the doctor line. Partial birth abortion is murder via MD . Some doctors do commit crimes and should not be worshiped more then auto mechanics or plumbers.
The basic point is that the legislature should make laws. The Courts should enforce laws created by the legislature. Sadly we have rouge activists who are dedicated to legislating from the bench. This is not what our founding fathers had in mind.
Beamish in 08, Ducky to be doooooomed at Fenway and 167 MIA DOA RIP
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5 comments:
The following is tangentially related...
Recently, my personal information was put at stake when my accountant's office was burglarized, and the burglars, a ring of thieves which hit every major accountant firm in Northern Virginia, are still at large.
So, I attempted to put a seven-year fraud alert on my credit. I couldn't get it done! The credit agency requires an official police report, but the jurisdiction in which the burglary occurred won't release that report without a court order. Argghhhh!
But you can bet that, if the burglars get caught, THEIR "right to privacy" would be respected.
(Sorry for the whining comment, but I'm damned frustrated. The 90-day alert has expired, and my personal information may well be exposed and exploited).
The "right" to privacy is a slippery thing.
I believe we have an reasonable expectation of privacy but an inalienable "right" to privacy becomes ludicrous in the face of reality.
The IRS requires us to keep records of our finances. In reality, the government cannot even require us to read and write. Should this financial disclosure be declared unconstitutional as an invasion of our "right" to privacy?
I think with new technology (for example the "morning after pill," and other abortifacients) that the abortion issue is going to fade from the scene of American politics. Abortions up to the 7th week of pregnancy can be performed at home with a vaginally inserted pill that causes a miscarriage.
Crime generally is committed in "privacy".
Conspiring agains the state from definition requires a lot of privacy.
Tapping of phones - the latest example.
I think the most important point you mafe here:
The basic point is that the legislature should make laws. The Courts should enforce laws created by the legislature.
The notion of Privacy is a artificial creation of the activist court. Lets see a leftist defend my right to build an atomic bomb in my bedroom.
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