Originally Posted by
hobbes
I see nothing wrong with society becoming aware that "liberty and justice for all" really does apply to EVERYONE. That is the common logic which runs through the changes in society described above.
That is not Sobran's point; no thinking person would place himself athwart an argument (which is not an "argument" after all, but the goal) against "liberty and justice for all".
Sobran is merely assaying the degree to which we have succumbed to the elitest view that "experts" in black robes should determine what is good for us absent our input, but nominally guided and informed by a blindly liberal agenda.
For God's sake, you people act as if judicial activism is akin to standing at the airport baggage carousel, only you have to take whatever variety of luggage comes by.
The whole point of the Constitution and it's amendment process is to allow the people-not the judiciary-to set the socio/cultural agenda; the judiciary then decides whether the people's fiat passes constitutional muster.
The "pedophile" comment shows the breakdown of the authors logic.
J2, do you need me to explain why giving rights to pedophiles is not a logical progression of our changing society?
No.
Please parse for me the Court's logic, not in deciding Roe v. Wade as it did, but in taking up the case to begin with, over concerns (rejected out of hand) for State's Rights?
Also the Gay Marriage case, as decided by the Massachusetts Supreme Court?
While you're at it, tell me precisely how any court could manage to reject a pedophile's plea for equality, if the people have no entree to the process?
I think it is fine for judges to decide if a law is fair or if an individuals rights are being violated. That is what they are supposed to be good at, right?
I, too, think that is fine, but then, that is not what is actually happening, is it?
Religious people want to oppose gay marraiges because of their beliefs. In a free society, they should not be allowed to impose their opinion upon others because God does not run our government. A Judge is not there to give an opinion about whether he approves of being gay or not, he is there to determine if the laws we have are fair. That is the problem with letting the common man decide things like this. The common man is not "fair". He doesn't care about "right or wrong", he just echoes what is in his Bible. We are a country founded upon freedom of the individual and we are not a theocracy.
Again, what you describe is not what is happening.
And such contempt for the "common man"!
Freedom of the individual?
Surely...but what is this country but a collection of individual and common men and women?
The collective "common man" is scrupulously fair, Hobbes.
When I was a wee lad, my parents never thought to put me in a seatbelt. In fact, I liked to sit on that little armrest that Oldsmobile98's had in the middle of the backseat. Today, I always wear my seatbelt, as everyone else now does as well.
Is this random societal change? No, we are just more aware today of how dangerous it can be not to wear one.
Awareness- Society, like a waking giant, rouses in stages.
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