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Member Since: Sat May 17, 2008
In Reply To
The Avenger

Location: New Jersey
Member Since: Thu Dec 02, 2021
Subj: Re: Illiberal upstarts reinvent conservatism
Posted: Fri May 13, 2022 at 10:34:02 am EDT (Viewed 127 times)
Reply Subj: Re: Illiberal upstarts reinvent conservatism
Posted: Fri May 13, 2022 at 10:21:09 am EDT (Viewed 128 times)



        But I'm willing to entertain some other principle that could be used to tell judges to their faces, "You're wrong."

        On another thread I proposed the following:
        The Freedoms Amendment
        The Supreme Court shall pass no new judgment that decreases or restricts the freedoms of individuals, and shall invalidate any new action of the federal or state legislature which decreases or restricts the freedoms of individuals. No individual shall be understood as having, nor be newly granted, the right or freedom to decrease or restrict the freedoms of any other individual on any grounds whatsoever, including religious.

      I like the concept, but not sure I agree with it as it is. As is, hypothetically wouldn't it exempt someone from being sent to prison as the law they broke would be unconstitutional given it violates their freedom?


    Yes. By design. If a new law (the word "new" in the amendment is important) decreases or restricts freedom, it would be invalidated by the Supreme Court, and anyone who went to prison for violating this law would have to be released. That's exactly the outcome I want. So, for example, if a new law made abortion a crime, the Supreme Court would be obligated to strike down that law, due to the Freedoms Amendment.

Wouldn't it also apply if new forms of fraud or activities were also made illegal but them being illegal is a benefit to society on net?

I am all for lessening the load on the legal system and citizens but there are going to be reasonable laws that outlaw various activities that were not previously considered.

    The single most important thing about the United States is that we uphold and defend freedom. That's the hill we must be willing to die on. Whether the Christian Right likes it or not.

I mean I suppose so, although to me freedom can have a vastly different meaning to different people. A libertarian for instance views their freedom as protection from government that they do not wish to grant any power.

I am more towards the other end where I think part of a government's primary goal is to work to improve the life of those who live within it. I see upholding freedoms as part of that, but I also see various actions as net goods while a libertarian would see them as violations of their freedoms.

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