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DiaperDragonsforLiberty.com hasn't been registered yet.Ron Paul argues for the principles embodied in the Constitution.That's baloney. Ron Paul doesn't even know what's in the Constitution.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.The final irony in that, of course, is that he's using his counterfactual total rewrite of the Ninth Amendment in an argument where he is attempting to deny or disparage rights of people because those rights are not listed in the Constitution. It's like he not only misunderstood the Ninth Amendment, and not only took it to mean the exact opposite of what it clearly says, but also he used it in an argument against itself.
While I think you have a few solid points, the overall tone of your post is misleading. As far as I can tell, Ron Paul did not embark on any "quest to get Texas to be allowed to outlaw 'gay sodomy'". If you can provide a cite to the contrary, please do.Right, ridiculous as sodomy laws may be, here are the "Constitutional" reasons why I'm all hot and bothered that Texas can't outlaw "gay sodomy". Ignore that those "Constitutional" reasons are pulled straight out of my imagination and in fact some of them are exactly the opposite of what the Constitution plainly says. You can trust me that I don't really want to outlaw "gay sodomy". I just write articles in which I make up reasons why Texas should be allowed to outlaw "gay sodomy". I have nothing against "gay sodomites". Believe me. It's all about the Constitution, which I drastically misquote in the course of arguing that Texas should be allowed to outlaw "gay sodomites", not about those "gay sodomites" themselves. Really.
The article you reference is, 'Federal Courts and the Imaginary Constitution'; I note in passing, that it contains the phrase, "Ridiculous as sodomy laws may be...".
He does claim that there are "states' rights plainly affirmed in the Ninth and Tenth Amendments". And the Ninth Amendment does not affirm the state's right to legislate on sexual encounters between two willing participants, or at the very least it does not affirm that right "plainly".It doesn't affirm a state's right to do anything. It affirms the rights of people. Ron Paul not only says that it does affirm the rights of states, but also does this in an argument where he is attempting to disaffirm the rights of people.
More important though is that Ron Paul also referenced the Tenth Amendment which does support Texas' right to make laws regarding sodomy.This is yet another instance of at best incomplete Constitutional knowledge. Paul argues that the Tenth Amendment affirms the rights of states; doing so within his overall argument of denying rights of people, he implicitly argues that it does not affirm the rights of people. Meanwhile, back in the real world, the Tenth Amendment affirms the rights of both states and people:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.Yet another example of Ron Paul not knowing what's in the Constitution.
I do agree that his claim about the Constitution and its references to God, is wrong.It's not merely "wrong". It's wrong to such a degree that I can barely fathom the thought that Ron Paul has read the Constitution. Or if he has, then either (1) it's been a really long time and he no longer has any grasp on its contents, or (2) he's a liar.
I think you're coming at this from a strange angle. He isn't a state legislator, this is not about him determining whether or not sodomy should be illegal. The question is whether Texas can have such a law.I'm guessing that the part of my post that made you think that I think this is about him determining whether or not sodomy should be illegal, and not about whether Texas can have such a law, was the part where I said "... come on. My main point is not his backing of various awful policies, it is his grasp on the Constitution, or lack thereof."
This is what I find misleading about your posts. You are attributing to him a desire "to disaffirm the rights of people".I am attributing to him disaffirming the rights of people; whether he "desires" to do that disaffirming I don't particularly care.
He does not implicitly argue any such thing.Please. Of course he does.
Can I fathom the thought that Ron Paul has read the Constitution?Well, bully for you, I guess. Care to explain to me, as I've already asked you, how a mistake of that magnitude occurs, assuming that he has read the Constitution?
Yeah, I can. I'm going to consider his comment about the Constitution's references to God a mistake and keep going.
In our time, political speech and writing are largely the defense of the indefensible. Things like the continuance of British rule in India, the Russian purges and deportations, the dropping of the atom bombs on Japan, can indeed be defended, but only by arguments which are too brutal for most people to face, and which do not square with the professed aims of the political parties. Thus political language has to consist largely of euphemism, question-begging and sheer cloudy vagueness. Defenseless villages are bombarded from the air, the inhabitants driven out into the countryside, the cattle machine-gunned, the huts set on fire with incendiary bullets: this is called pacification. Millions of peasants are robbed of their farms and sent trudging along the roads with no more than they can carry: this is called transfer of population or rectification of frontiers. People are imprisoned for years without trial, or shot in the back of the neck or sent to die of scurvy in Arctic lumber camps: this is called elimination of unreliable elements. Such phraseology is needed if one wants to name things without calling up mental pictures of them. [emph. added]Keeping society's minorities as second-class citizens is not a palatable thing to do, and illegal to boot. Better to tart it up by making it sound like something positive, but, above all else, something that doesn't hint at the crime.
Turned out to require less cleanup than a glove slapped across the face followed by pistols at dawn.
posted by Joe Beese at 7:44 AM on October 22 [1 favorite]