RE: Anniversary of Roe v. Wade

From: Lee Corbin (lcorbin@tsoft.com)
Date: Sat Feb 08 2003 - 02:48:06 MST

  • Next message: Lee Corbin: "RE: PD"

    Lee Daniel Crocker writes

    > > Well, it's startling the aplomb with which you
    > > dismiss the entire strict-constructionist view.
    >
    > Because the strict constructionist view is inherently
    > dishonest. The ninth and tenth amendments are very clear,
    > and they were put there for a very good reason: because
    > the framers knew the moment they started putting human
    > rights on paper, some idiot would come along and say
    > "This one wasn't written down, so it must not exist".
    >
    > It is entirely appropriate--indeed, it is an ethical
    > mandate--for the court to enforce rights that are part
    > of our culture but which may not have been enumerated
    > in 1789. There's no written constitutional right for
    > me to marry a black woman, or to buy a condom, or to
    > school my own children; but the court has rightly
    > recognized that laws that restricted those things were
    > repugnant to our notions of freedom, and stripped the
    > federal government, and the states, of their power to
    > oppress the people in those ways. An honest "strict
    > constructionist" would have to favor reinstating those
    > laws that have been soundly rejected as being against
    > basic human freedom.

    You probably agree with me that it's best to have a
    maximally workable set of decisions made at the lowest
    possible level, namely at the level of the individual.
    By maximal set, you probably understand what I mean
    even if some here do not; whether property rights or
    murder are to be respected or not is not included.
    (Some things indeed are necessary for an entire
    society, everywhere.)

    But failing that, and a city or a county collectively
    decide to ban abortion, or to allow red-lining, or to
    mandate that children must attend school---though I
    would oppose each of those myself, I would defend the
    right of the level to protect *its* right to decide.

    Now failing even that, and at the higher level yet of
    the state, a decision along any of these lines is made,
    then even though I strenuously disagree with the decision,
    the right of the lower body should be defended against
    rulings from the higher. That is, I favor the individual
    first, then the district, then the state, then the
    Federal government, and then (reluctantly) the whole
    world.

    This is a consistent scheme, and it falls completely in
    line with the wisdom encapsulated in books such as Thomas
    Sowell's "Knowledge and Decisions". Local decisions can
    take into account local knowledge, nowhere so evident and
    clear as at the level of individuals.

    So it is not clear to me why a large state such as
    California finds it necessary to regulate so many
    parts of our lives. I would rather they defer these
    decisions to lower levels, i.e. the counties and
    communities. Then on that level, I would likewise
    point out that decisions should *not* be made even
    by these bodies, but left to the individual citizens.

    By the same token, to force so many decisions at the
    *national* level to apply over four million square miles
    of territory seems absurd. Despite their enormous wisdom
    (even unto overseeing the tiniest details of our lives
    it would seem), I cannot believe that nine men and women
    sitting in Washington can pass laws and rules that apply
    equally well to a small tightly-knit Hasidic community
    on Long Island, to the entire Appalachian South, or to
    communities in southern California. How the hell can
    they say what is appropriate in these diverse regions?
    And how the devil is it that they can maintain that
    *they* should be trusted in these decisions, but the
    people, communities, and states at lower levels cannot
    be so trusted?

    Lee Corbin



    This archive was generated by hypermail 2.1.5 : Sat Feb 08 2003 - 02:44:30 MST