RE: Anniversary of Roe v. Wade

From: Lee Corbin (lcorbin@tsoft.com)
Date: Sun Feb 09 2003 - 02:17:25 MST

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    Lee Daniel Crocker wrote

    > When the court said there was a right to birth control,
    > for example, what it said is that /no/ legislative body
    > at any level has the right to interfere with individual
    > choice in that area. That not the court usurping power--
    > that's the court telling the legislature that they can't.

    and Russell Blackford writes

    > Yes, [Crocker's] is the correct analysis. Whether such individual
    > rights really can be read into the US constitution is another
    > thing. Assuming this is legitimate, however, a body such as
    > a Supreme Court is the appropriate institution to protect them.

    (we have *pairs* of Lee's, Russell's, Alex's, Damien's, Jef's
    (though thankfully only one Spike (yet he must compete with the
    book of the same name)), all of which makes first name familiarity
    a thing of the past. Let's hope that we don't have to start
    indexing by DOB or national identity cards.) :-)

    I agree that there is force in these arguments, and in
    more ways that one.

    For me, the paradox perhaps relates to sovereignty. I do
    note that before 1865, the U.S. was often referred to as
    "these United States", and seldom as such afterward. What
    level of individual rights, then, is to be understood as
    guaranteed by the American constitution?

    Russell referred to the uncertainty regarding "whether such
    rights can be read into the constitution" or not, and this
    is the eternal debate that perhaps separates even many
    otherwise unanimous libertarians.

    The question is obviously linked to the related one of
    sovereignty for clear historical reasons. Yet another
    argument I will advance now is that in the case of the
    U.S. perceptible gain is often obtained by running 50
    experiments in parallel. Why *not* allow more freedom
    for states to do as they wish (within limits of course)?
    If one focuses on his or her locality, what exactly are
    the laws are a thousand miles should be of little
    importance. "Think locally, act locally" say I.

    Then there is the argument I made that was not addressed,
    but which was referred to by Ron. Namely the sincere
    question,

       How can we 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?

       (And how can it be maintained that *they* should be
       trusted to make this kind of decision, but the
       communities and states at lower levels cannot be
       so trusted?)

    To be concrete, suppose that a small Mormon community in
    Idaho collectively finds abortion incredibly repulsive and
    abominable. What is so heinous about them passing local
    laws that do not permit doctors to set up business performing
    abortions? It seems to me to be none of our affair anyway.

    Lee Corbin



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