Ninth Amendment Redux

I have neither the time nor the interest in weighing in on this again, but I will say that Sandefur, as usual on this point, has got it exactly right, and he captures the nub of my disagreement with the opposing viewpoint so eloquently. His target, of course, is the Nefarious Courreges.

Anyway, it's a good read, and aside from its mild snarkiness, I think it relatively fairly describes Owen's positions, as I understand them, and points out the flaws of said positions.

Comments

[Owen Courrèges]

I've already responded... Although I will say that Sandefur's post is based more on outrage at my policy positions than the merits of my legal arguments. Even you have to admit that.

[Milton]

I wouldn't call it outrage. I think he rightfully takes issue with the logical extension of your position, which is to favor the risk of legislative tyranny over the risk of judicial tyranny (taking into account that any system of government necessarily must assume some risk of either or both). I think he's exactly right on the merits of the debate as well, but I enjoyed this particular post because he assailed the consequences and theory behind your take.

[Timothy Sandefur]

I am outraged--but not at Courreges' legal arguments, since he has no legal argument. Or at least, none that the framers haven't already obliterated sufficiently two centuries ago.

[Owen Courrèges]

Milt,

...But what Tim speaks of as 'consequences' are only bad if you're of the social left. He views the consequences of allowing states to pass laws banning gay sex, for example, as dire. I don't see it that way.

Tim,

Say you don't like my legal arguments, but don't pretend that we didn't debate this issue over several posts, with me providing ample evidence for my interpretation.

[Timothy Sandefur]

I'm sorry, Mr. Courreges, but while it's true that we've debated this issue at length before, you have rarely provided evidence for your interpretations, and certainly never provided "ample" evidence. In your most recent post, for example, you provide no evidence whatsoever for your outlandish claim that the founders gave the judiciary "no actual power."

But out of courtesy to TP, I'll confine future responses to my own blog.

[Heidi]

Well, while you're here, Tim, and since you don't have comments enabled on your blog (hint, hint), I'd like to say 'nice post'.

And snaps to TP for the prompt; I always love finding great new (to me) blogs to read!

[Michael Morgan]

One may render the suspiciously left-leaning accent in Owen's last name by simply holding the Alt key down and typing 0232 on they keypad.

Would you like to know more?

[Milton]

Timothy,

Your comments are welcome on my blog anytime and in any capacity. No courtesy required.

Heidi,

I agree about Timothy's blog; it is fantastic, and I second the call for comments, though I understand the inclination not to do so.

Owen,

I don't necessarily think that's true. I'm not a big fan of legislative tyranny, be it liberal or conservative in general. Of course, my support for any given majority perspective is naturally informed by whether the predilections impelling the rule converge with mine own, but that seems to me to be almost self-evident and wholly uncontroversial.

I think of it, as Timothy seems to, as more of an individual liberty perspective; the judiciary's job is to protect individual liberty against the excesses of the majority, be that concordant with liberal, conservative takes, etc. It just so happens that social conservatives seem to constantly be wishing to impose their morality on others at the expense of individual liberty. That's what I dislike, and, more importantly, what I think is constitutionally odious.

[Timothy Sandefur]

Mr. Morgan--it's not worth the millisecond of extra effort.

Miss Heidi--thanks. All readers are welcome to email me if they have comments about my posts.

[Owen Courrèges]

Tim,

Check the 9th Amendment thread again. Back when we debated this, I cited multiple sources, historical documents, etc. Now frankly, your refusal to at least acknowledge this strikes me as rude, just as your philosophy strikes me as being entirely self-serving.

Milt,

Oh, come on. "Imposing their morality?" Virtually all laws enforce some kind of morality, the only difference is that in this case we're speaking of a system limited by J.S. Mill's harm principle or a very close variant, such as the one proposed by Barnett.

The Constitution doesn't enforce a Millian morality, and so the laws we're speaking of are certainly not "constitutionally odious." They're only odius to the social left.

[Owen Courrèges]

Michael,

ALT + 138 is an easier way to get the "è." And it's worth the extra effort, darn it!

[Michael Morgan]

I agree, Owen, I agree. It's worth the effort to spell people's name right. When I'm feeling too lazy, I just call you Owen. :)

[Garmodin]

Hello
You know about this
amoxicillin 875
If your need more informarmation look this
http://amoxicillin.hfslink.com
G'night

[Garmodin]

Hello
You know about this
amoxicillin and breast feeding
If your need more informarmation find
http://amoxicillin.medjaz.com
Bye

[site]

...
[url=http://stalk.hostcroc.com/clip-pregnant-pregnant-video-video-82.html]clip pregnant pregnant video video[/url] clip pregnant pregnant video video
[url=http://stalk.hostcroc.com/adult-extreme-movie-store-11.html]adult extreme movie store[/url] adult extreme movie store
[url=http://stalk.hostcroc.com/masturbation-milf-video-54.html]masturbation milf video[/url] masturbation milf video
[url=http://stalk.hostcroc.com/fucking-hard-free-clip-22.html]fucking hard free clip[/url] fucking hard free clip
[url=http://stalk.hostcroc.com/woman-in-lingerie-video-45.html]woman in lingerie video[/url] woman in lingerie video
[url=http://stalk.hostcroc.com/clip-hot-latina-porn-41.html]clip hot latina porn[/url] clip hot latina porn
[url=http://stalk.hostcroc.com/black-free-milf-video-51.html]black free milf video[/url] black free milf video
[url=http://stalk.hostcroc.com/deep-throat-sex-movie-1.html]deep throat sex movie[/url] deep throat sex movie
[url=http://stalk.hostcroc.com/hairy-porn-clip-30.html]hairy porn clip[/url] hairy porn clip
[url=http://stalk.hostcroc.com/xxx-movie-clip-porn-star-77.html]xxx movie clip porn star[/url] xxx movie clip porn star

...

[gultStiseeSen]

Sorry please :(
Wroong cafegory..

will be csrreful

[CamerAmann]

Hi.
We offer to visit our new Adult site. Porn Web Cams beautiful girls posses for you.
Over 800 girls. Europe asian ebony latina and others.

Also visit our Pay site.

[Buy Xanax]

http://www.energy.kth.se/forum/topic.asp?TOPIC_ID=298 Xanax Xanax
http://www.rhd.gov.bd/Forum/topic.asp?TOPIC_ID=751 Xanax Online Xanax Online
http://forums.univox.org/topic.asp?TOPIC_ID=1468 Order Xanax Order Xanax
http://www.ak-archaeometrie.de/archaeometrie/forum/topic.asp?TOPIC_ID=52 Cheap Xanax Cheap Xanax
http://www.netsystemsco.com/forum/topic.asp?TOPIC_ID=634 Buy Xanax Online Buy Xanax Online

[Moshenic]

http://www.exchange-on-line.com> - FRAUD - exchange-on-line.com - KIDALA - PayPal Webmoney - FRAUD - E-gold Moneybookers iKobo Netpay -KIDALA -Evocash E-bullion Goldmoney eBay
E-mail: info@exchange-on-line.com

[novfishkao]

Holla,
Each of the three credit reporting companies requires a certain procedure to be followed in order to have your credit report frozen.
A short conversation can tell you a lot about the attorney you have chosen.
Some are downright questionable.




celexa com



You welcome

[automatedtradingman]

If you can see this message, please email the this website url so I can update my "do not post" file duudssdssudd@gawab.com.

http://www.curriculum.k12.sd.us/ds063/_disc1/0000018c.htm - Automated Trading System
Stock Trading Software

[Release]

hello! It is nice site. buy viagra

[blkhtsob]

If you can see this message, please email the website you saw it on, so i will stop forever duudssdssudd@gawab.com.

http://www.empiregoldcoins.com/blk/1031_Exchange_Properties - 1031 Exchange Properties 1031 Exchange Properties
http://www.empiregoldcoins.com/blk/1031_Exchange_Starker - 1031 Exchange Starker 1031 Exchange Starker
http://www.empiregoldcoins.com/blk/1031_Starker - 1031 Starker 1031 Starker

[valmangoldf]

Country-Rock
Lounge
Gothic
Jazz-Pop
Alternative
Japan
&
Rock:
Trance

[ionicyleple]

Was looking for Access group! But it gave me your link! You know anything about it?