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Tuesday, July 01, 2003   Supreme Court and the Constitution The uproar over the recent decision to strike down the Texas law against same-sex sodomy continues. And I don't understand why. Most of the objections being raised on the right concern the "creation" of a new right under the United States Constitution. Here are Amendments Nine and Ten of the Bill of Rights: Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. I have seen pundit after pundit decry the fact that a right to privacy, a right to sexual privacy, does not exist in the Constitution. Guess what, folks. The Constitution is not a list of your rights. It's a list of the duties of a government and the limits on that government. You have loads of rights that are not specifically spelled out in the Constitution. The argument goes that the Founders would never have guaranteed a right of homosexual sodomy. NO, but they never would have anticipated that the government would have the right to intrude into anyone's bedroom, living room, or outhouse to begin with. That's what these folks are missing. The right to privacy from government snooping is a basic right. If you don't want the government tapping your phone, or reading your mail, or scanning your e-mail, why would you want the government to have any interest at all in what goes on in your bedroom? Legislating morality is always a bad idea. And, when your morality clashes with another citizen's morality, having the government decide the issue is also a bad idea. I thought these folks were against intrusive government. You can't pick and choose the intrusions, you either have to categorically oppose them or accept them. Liberty means that some people may not behave or believe like you do, and you tolerate it so that your behaviors and beliefs are tolerated. -- posted by Chuck at Tuesday, July 01, 2003 | E-mail | Permalink | Main | 0 comments