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Politics : Libertarian Discussion Forum -- Ignore unavailable to you. Want to Upgrade?


To: Gersh Avery who wrote (6140)8/13/2007 2:18:17 PM
From: Gersh Avery  Read Replies (1) | Respond to of 13056
 
Angle Reich was another example where the courts told a US citizen that their responsibility under the law was to die.

Again .. to protect some very remote chance that her staying alive could impact interstate commerce.



To: Gersh Avery who wrote (6140)8/13/2007 3:15:22 PM
From: TimF  Read Replies (1) | Respond to of 13056
 
I believe that the citizens of the United States have a fundamental right to life and to do everything they can to save their lives. As long as this action does not negate someone elses right to stay alive.

Do you believe that is a constitutional right?

If so where in the constitution is it found.

If by fundamental right you mean something other than a constitutional or legal right, I probably agree with you. But I think courts should decide on the law (including the constitution as the highest law). Sometimes "if the law says that, than the law is an ass", but the courts shouldn't toss a law out just for "being an ass".

Their are two reasons I think so.

1 - Its not the courts job as part of our constitutional system.

2 - Allowing the court to rule however they want "and the law be damned", gives them too much power, and thats power that can be used to hurt individual freedom or to otherwise produce negative results, not just to make positive and/or freedom enhancing decisions.