"Looking at it from the other side - do you have the right to knowingly endanger a person’s health through what you sell them?" Skateboards, well really anything, to teen boys?
Quite apart from "straights" that find they've been gay longer than they knew, what about religion? If the test for equal rights is a fundamental unchanging aspect of oneself, religion doesn't qualify either?
There may be a time morally where one must sacrifice the queen. However, for the move to be completed the queen must exit the board. Even if torture could be justified in a particular moment, that doesn't release the participants to their further duty of honor.
Haven't people died in detention in the black sites? Are we really quibling over one technique for one prisoner? There is little reason to believe that apropriate care was taken in who was detained. How many have died from "natural causes" or "suicide"?
I appreciate the concern for prosecuting officials for what they do in the line of duty. However, torture and domestic unwarranted wire taps are clearly on a different level. The ultimate danger is that our inability to prosecute these crimes is evidence that our government is unaccountable and hence, illegitimate. If we allow these types of events to occur without punishment, it is we the people who are guilty.
I'm not sure that the US is actually internally in a position to continue its trajectory. I don't think there was ever a time of rosy unity in the country, but I think now it's as bad as it has ever been. There's certainly a degree of fatigue with both military adventures and grand national moral crusades. I think it would be better to back off the world stage to focus on internal problems... developing a more decentralized working government while fixing our obvious economic structural problems.
Some bit of protectionism may be beneficial. I'd suggest that one effect of globalization is to create economic mono cultures. There are obvious advantages to economies of scale but there are also dangers and weaknesses. Many practices which may initially be high yield are ultimately unsustainable. I'd encourage regions to look at their self sustainability and to take this time of global recession to fill in the holes.
Now is not the time to even be thinking of spending resources abroad.
Ed, the piece you cite is pretty easy to refute. The propagation of the population is not the only good we support when we encourage the formation of families nor is it the only way we as a society have chosen to populate the country.... immigration.
I particularly liked the conclusion where the author argues that the danger of gay marriage is that it enshrines sexual desire as the basis of marriage. To my ear this sounds a lot more like young het love than an evolved gay relationship. My mind goes to young Palin before Sullivan. Ultimately, there's little argument for the benefits of marriage from a traditional standpoint given that standpoints track record.
As to the rest. If I can't trust government to be competent regulating banking, why would I trust them in my bedroom or defining the form and content of my family.
I love greginak's last post. I'd add the question of why, when we speak of accademia, we aren't generally referring to Bob Jones University or Notre Dame. I went to a very socially liberal school that did in fact drive anything that even had a conservative scent away. I also did a most unfortunate semester at a socially conservative institution, the kind where sex is verboten because it might lead to dancing. Each was intolerant in trying to make a social cocoon for their different communities. If liberal arts colleges are guilty of these high crimes, aren't religious institutions at least equally guilty if not more?
Defining when a fetus becomes a child is hard. Defining when a fetus is sustainable is easy. If these cells are a person then let the State take care of them. If they can't survive outside of the womb, then they haven't really achieved person-hood yet.
Fair enough. I'm not a fan of monogamy myself. We purposefully kept anything that could be construed as such out of our vows. I'm not against it absolutely, but I don't think it's an appropriate focus point for NW culture.
Culture warring is all good and fine... as long as it's kept on the cultural playing field. When one goes to the law to impose one's morality on others then, to be fair, the other side should have their kick at the can.
E.D. I'm always bothered by the notions of whose morality, tradition, responsibility. I'm quite sure that your most strident Castro District Leather Daddy, will be quite happy to let you know that sex does have consequences and that he plays responsibly. Of course, that's going to look different from outside cultures.
My last stage, before I got to the "Naw, dude" stage, was red letter and a complete rejection of the Pauline. As far as I'm aware, the only mention of homosexuality in the New Testament is a snippet from Mathew, hardly enough to outweigh the Sermon on the Mount.
I don't have much to say on the particular case. I'm more interested in judicial independence in the modern age, how decisions actually get made and their institutional consequences.
Like you, I'm not a lawyer. I do however, hang out with a group of lawyer/judges in BC and have some first hand knowledge of the way they frame some of these problems to themselves, albeit in a different legal frame work .
I like Will's point on political capital. I am often concerned about the ability of the courts to maintain independence in the face of the blogosphere and idjuts like Mark Stein.
Dang, lost a post. I would think that the court would rightfully have jurisdiction and rule on the proceedural issues around the enactment of the fourteenth. On the other side, I would think that Marbury would be an example of what your talking about, but that's more or less accepted law, give or take a few signing statements.
Mark:
By the way, have you seen the case (I think it came out of Alaska) where someone actually challenged the 14th and the courts ruled it a political question?
Sorry, I haven't had time to post much lately. Still check in to see what's up, but haven't had the time to offer anything.... kids, spring break, relationships.... I'm sure you know how it is. I look forward to your posts but I enjoy most all of what goes on here, even when I disagree. I'm a big fan of this site, I've just been busy.
*Comment archive for non-registered commenters assembled by email address as provided.
On “left conservatism revisited”
Are there really no safe uses for raw milk? Cheese?
Jaybird: I'm not sure you'd have a problem with a bar in a private club, as long as you didn't have emplyees.
"
"Looking at it from the other side - do you have the right to knowingly endanger a person’s health through what you sell them?" Skateboards, well really anything, to teen boys?
On “knowing when to get out of the way”
Quite apart from "straights" that find they've been gay longer than they knew, what about religion? If the test for equal rights is a fundamental unchanging aspect of oneself, religion doesn't qualify either?
On “Certainty About the Law”
There may be a time morally where one must sacrifice the queen. However, for the move to be completed the queen must exit the board. Even if torture could be justified in a particular moment, that doesn't release the participants to their further duty of honor.
On “Torture (II)”
And if torture becomes part of our national history, and in some circles identity?
On “a quote for the middle of the afternoon”
@Jaybird, Sadly true
On “Certainty About the Law”
Haven't people died in detention in the black sites? Are we really quibling over one technique for one prisoner? There is little reason to believe that apropriate care was taken in who was detained. How many have died from "natural causes" or "suicide"?
"Probably justified"? That's pretty slim.
On “Why I’m Conflicted on Torture Prosecutions”
I agree that we need to do all we can within our own laws. We also have international obligations.
"
Why keep it to domestic law? Who is the enemy of the US here is an interesting question.
"
I appreciate the concern for prosecuting officials for what they do in the line of duty. However, torture and domestic unwarranted wire taps are clearly on a different level. The ultimate danger is that our inability to prosecute these crimes is evidence that our government is unaccountable and hence, illegitimate. If we allow these types of events to occur without punishment, it is we the people who are guilty.
On “(Intellectually) Leggy Blond”
First Peter MacKay and now this. David Orchard must be having a conniption.
On “great powerings”
I'm not sure that the US is actually internally in a position to continue its trajectory. I don't think there was ever a time of rosy unity in the country, but I think now it's as bad as it has ever been. There's certainly a degree of fatigue with both military adventures and grand national moral crusades. I think it would be better to back off the world stage to focus on internal problems... developing a more decentralized working government while fixing our obvious economic structural problems.
Some bit of protectionism may be beneficial. I'd suggest that one effect of globalization is to create economic mono cultures. There are obvious advantages to economies of scale but there are also dangers and weaknesses. Many practices which may initially be high yield are ultimately unsustainable. I'd encourage regions to look at their self sustainability and to take this time of global recession to fill in the holes.
Now is not the time to even be thinking of spending resources abroad.
On “knowing when to get out of the way”
Ed, the piece you cite is pretty easy to refute. The propagation of the population is not the only good we support when we encourage the formation of families nor is it the only way we as a society have chosen to populate the country.... immigration.
I particularly liked the conclusion where the author argues that the danger of gay marriage is that it enshrines sexual desire as the basis of marriage. To my ear this sounds a lot more like young het love than an evolved gay relationship. My mind goes to young Palin before Sullivan. Ultimately, there's little argument for the benefits of marriage from a traditional standpoint given that standpoints track record.
As to the rest. If I can't trust government to be competent regulating banking, why would I trust them in my bedroom or defining the form and content of my family.
On “Intellectual Insecurity”
I love greginak's last post. I'd add the question of why, when we speak of accademia, we aren't generally referring to Bob Jones University or Notre Dame. I went to a very socially liberal school that did in fact drive anything that even had a conservative scent away. I also did a most unfortunate semester at a socially conservative institution, the kind where sex is verboten because it might lead to dancing. Each was intolerant in trying to make a social cocoon for their different communities. If liberal arts colleges are guilty of these high crimes, aren't religious institutions at least equally guilty if not more?
On “pacifism and the culture wars”
Defining when a fetus becomes a child is hard. Defining when a fetus is sustainable is easy. If these cells are a person then let the State take care of them. If they can't survive outside of the womb, then they haven't really achieved person-hood yet.
"
Fair enough. I'm not a fan of monogamy myself. We purposefully kept anything that could be construed as such out of our vows. I'm not against it absolutely, but I don't think it's an appropriate focus point for NW culture.
"
Culture warring is all good and fine... as long as it's kept on the cultural playing field. When one goes to the law to impose one's morality on others then, to be fair, the other side should have their kick at the can.
E.D. I'm always bothered by the notions of whose morality, tradition, responsibility. I'm quite sure that your most strident Castro District Leather Daddy, will be quite happy to let you know that sex does have consequences and that he plays responsibly. Of course, that's going to look different from outside cultures.
On “Why Being a Judge Is Hard”
Nice post. It earned fans here in the peanut gallery. Due process for the hypothetical?
On “Faith and modernity”
My last stage, before I got to the "Naw, dude" stage, was red letter and a complete rejection of the Pauline. As far as I'm aware, the only mention of homosexuality in the New Testament is a snippet from Mathew, hardly enough to outweigh the Sermon on the Mount.
On “When Should Judges Defer?”
I don't have much to say on the particular case. I'm more interested in judicial independence in the modern age, how decisions actually get made and their institutional consequences.
Like you, I'm not a lawyer. I do however, hang out with a group of lawyer/judges in BC and have some first hand knowledge of the way they frame some of these problems to themselves, albeit in a different legal frame work .
"
I like Will's point on political capital. I am often concerned about the ability of the courts to maintain independence in the face of the blogosphere and idjuts like Mark Stein.
On “Ack! Activist Legislators Thwarting the Will of the People…”
I never hear of people wanting to tax the Amish.
On “Whaddaya Mean, “Activist”?”
Dang, lost a post. I would think that the court would rightfully have jurisdiction and rule on the proceedural issues around the enactment of the fourteenth. On the other side, I would think that Marbury would be an example of what your talking about, but that's more or less accepted law, give or take a few signing statements.
"
Mark:
By the way, have you seen the case (I think it came out of Alaska) where someone actually challenged the 14th and the courts ruled it a political question?
"
Sorry, I haven't had time to post much lately. Still check in to see what's up, but haven't had the time to offer anything.... kids, spring break, relationships.... I'm sure you know how it is. I look forward to your posts but I enjoy most all of what goes on here, even when I disagree. I'm a big fan of this site, I've just been busy.
*Comment archive for non-registered commenters assembled by email address as provided.