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Blatherings

Gay Sex, Drug Decriminalization, and Libertarianism
Previous | Next by Casey 13 February, 2004 - 3:30 AM

The link goes to a nifty article on Justice Kennedy's decision on the recent Texas gay sex case. It specifically brings up an extremely elegant concept. Essentially it is an articulation of a constitutional basis for a "presumption of liberty".



Justice Kennedy is employing here what I have called a ''presumption of liberty'' that requires the government to justify its restriction on liberty, instead of requiring the citizen to establish that the liberty being exercised is somehow ''fundamental.'' In this way, once an action is deemed to be a proper exercise of liberty (as opposed to license), the burden shifts to the government




2/13/2004 >> Whisky

You really think you have liberty? Your constitutional rights are gone, my friend, never to be reclaimed. Its called the USA PATRIOT ACT, and its the single most unpatriotic thing ever brought to bear on the citizens of this country.

Don't assume you know what its about, go read it. Or better yet, pick up a book called "The war on the Bill of Rights, and the gathering resistance."


2/14/2004 >> Casey

Word. What I'm talking about up there is one lonely supreme court justice that needs our help and support. You may be relatively new around here Whiskey but since I've been posting here I think I've gathered a reputation among these people as the purest libertarian around. Practically speaking, I doubt I'll ever think I have liberty. I have read the Patriot Act by the way, way more of it than I should have. Its the stuff of nightmares. I can only hope hope that its allowed to expire. I haven't picked up the book you mentioned though. I'm already a pretty angry person but I might just read it anyway.


2/14/2004 >> ben

actually, casey, whiskey's known me longer than anyone here i think... he just doesn't come around much... we've already had to ween him off the internet once... doing it twice would require a priest and a hammer probably.

we have plenty of liberty, just not necessarily the legal kind, hehehe.




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