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- Path: sparky!uunet!oracle!unrepliable!bounce
- Newsgroups: alt.activism
- From: mfriedma@uucp (Michael Friedman)
- Subject: Re: What conservatives really mean when they talk about "original intent"
- Message-ID: <1992Nov16.025714.23770@oracle.us.oracle.com>
- Sender: usenet@oracle.us.oracle.com (Oracle News Poster)
- Nntp-Posting-Host: appseq
- Organization: Oracle Corporation
- References: <Bxr2wB.L49.2@cs.cmu.edu>
- Date: Mon, 16 Nov 1992 02:57:14 GMT
- X-Disclaimer: This message was written by an unauthenticated user
- at Oracle Corporation. The opinions expressed are those
- of the user and not necessarily those of Oracle.
- Lines: 48
-
- In this post, Karl is either incredibly stupid or deliberately
- misleading. Take your choice...
-
- In article <Bxr2wB.L49.2@cs.cmu.edu> kck+@cs.cmu.edu (Karl Kluge) writes:
- >> Subject: Bork is a good judge? (NOT!) (was Re: Anita Hill to Head EEOC
- >> From: bboerner@novell.com (Brendan B. Boerner)
-
- >> In article <1992Nov13.171749.25117@noose.ecn.purdue.edu> stamber@rainbow.ecn.purdue.edu (Kevin L. Stamber) writes:
-
- >> From what I've read of it, Bork strikes me as a strict literalist
- >> who 1) ignores admendment #9, and b) has a view of government such that
- >> the gov't has the moral power to do ANYTHING unless it is prohibited by
- >> doing so by the Constitution.
-
- >Exactly, which is why the way people like Bork use the term "Framer's
- >intent" is so obscene. For a prime example of psuedo-"Framer's intent" in
- >all its glory, try reading Chief Justic Rehnquist's dissent in Planned
- >Parenthood vs. Casey:
-
- >"We have held that a liberty interest protected under the Due Process Clause
- >of the Fourteenth Amendment will be deemed fundamental if it is -implicit in
- >the concept of ordered liberty.- Palko v. Connecticut, 302 U. S. 319, 325
- >(1937). Three years earlier, in Snyder v. Massachusetts, 291 U. S. 97
- >(1934), we referred to a -principle of justice so rooted in the traditions
- >and conscience of our people as to be ranked as fundamental.- Id., at 105;
- >see also Michael H. v. Gerald D., 491 U. S. 110, 122 (1989) (plurality
- >opinion) (citing the language from Snyder). These expressions are
- >admittedly not precise, but our decisions implementing this notion of
- >-fundamental- rights do not afford any more elaborate basis on which to base
- >such a classification."
-
- >It is difficult to imagine a right more clearly "implicit in the concept of
- >ordered liberty" that the right to have sex with a consenting adult partner
- >of one's choice, yet by appealing to the status of sodomy laws through
- >history it was decided (in Bowers vs. Hardwick, a case the Chief Justice
- >cites as precedent later in his dissent) that this was not the case.
-
- Of course. Note the phrase "principle of justice so rooted in the
- traditions and conscience of our people as to be ranked as
- fundamental." Like it or not, the right to lynch homosexuals is much
- more protected under this standard than the right to engage in
- homosexual sex.
-
-
-
- --
- -------------------------------------------------------------------------------
- I am not an official Oracle spokesman. I speak for myself and no one else.
-