Saturday, March 18, 2006

Idiots at Powerline

Powerline is complaining about a Justice Ginsburg where she defends using international law as a point of consideration in US jurisprudence. Powerline takes offensce at the idea that the Consitution is at it's core about basic fairness.

Not surprisingly their logic is utterly flawed. One claim is that liberal justices will shop for foreign law that suits them. Scalia and Thomas love to do with dictionaries when looking to finds words defined in ways that suit them. The hypocrasy of the law shopping argrument is even more galling than when one realizes that originalists should never use a modern dictionary and by their own login must use 1780s except when interpreting later admendments. Of couse, the morons at Powerline can find no examples of foreign shopping except a silly argument that homosexuals should be executed criminalized because thats what Mulism countries do and that's foreign law.

One my general critique of conservative thinking when it comes to the law is that conservatives apparently believe Americans have too many rights. They especially hate the right the privacy since it prevents telling other people how to live. The citing of Lawrence v. Texas is a great example of their obcession the private lives of others.

Unfortunately, our corporate controlled media never asks conservatives about the logical implications of their views. One is that many of the rights we take for granted like freedom for segregation are based on an expanded view of the our Constituional rights and not directly by admendment. Those who object to Lawrence v. Texas also ought to object to Brown v. Board of Education. Both found new meaning in clauses of the Consitution that were written over hunderd years prior. Of course, I 've seen a conservative even address this flaw in their reasoning. There are too busy trying ot make sure that no new rights are ever found in the Constitution.

No comments: