Foolish liberals

Inspired by:

Foolish liberals who are trying to read the Second Amendment out of the Constitution by claiming it’s not an individual right or that it’s too much of safety hazard don’t see the danger of the big picture.  They’re courting disaster by encouraging others to use the same means to eliminate portions of the Constitution they don’t like.

Alan Dershowitz
Quoted in Dan Gifford
The Conceptual Foundations of Anglo-American Jurisprudence in Religion and Reason
62 TENN. L. REV. 759 (1995)

We can elaborate by saying:

  • The number of people murdered by those attempting to implement communism is sufficient justification to ignore the 1st Amendment guarantee of freedom of speech for books such as “The Communist Manifesto”.
  • The number of people murdered by attempting to force their religion on others is sufficient justification to ignore the 1st Amendment guarantee of freedom of religion.
  • The number of people killed and injured in riots is sufficient justification to ignore the 1st Amendment guarantee of freedom of assembly.
  • The number of people who get away with their crimes because the police did not have probable cause to search them or their property is sufficient justification to ignore the 4th Amendment guarantee from freedom of unreasonable search and seizure.
  • The number of people who get away with their crimes because the police were not allowed to question them without a lawyer present or force them to testify against themselves is sufficient justification to ignore the 5th Amendment guarantees.
  • The illiteracy and incarceration rates of people of color is sufficient justification to ignore the 13th Amendment and implement slavery.
  • The inefficiency of the legislative process in “making progress” is sufficient justification to ignore the constitutionally mandated separation of powers and allow the President to rule via Executive Order or delegate congressional powers to government agencies.

Foolish people who legislate, make a case in public opinion, or create case law for the restriction or extermination of any of specific enumerated right enable the extermination of not just the Bill of Rights but the entire constitutional principle of government.

9 thoughts on “Foolish liberals

  1. Ummm, I took Administrative law in Law School, and I have to tell you, if they can make it an administrative matter, all those other Constitutional protections don’t apply, but not quite in the manner you suggest — more like “there are administrative procedures in place to protect people’s rights, and this is administrative, not judicial, so never mind your constitutional objections.” I pointed out to the professor that almost nothing from Constitutional Law seemed to apply, and he agreed, saying that the states are almost superfluous, the federal government has occupied so much of the law of daily life. There are still outs and escapes, but generally you need to have “exhausted all administrative remedies” before engaging the courts. He also said that because the police were executive offices, so conceptually, criminal law could be managed wholly within the various agencies as well. The camel’s nose is well under the tent, and the neck as well, probably past the clavicle.

    • If the courts manage to reinstate the “heckler’s veto” especially with regard to speech of Muslims and Jews within the United States, and the courts decide that “Protective Custody” (Schutzhaft to Germanophones and students of history) is the way to go, due to the exigent circumstances/ emergency nature of the situations, the goose is cooked.

    • I guess the people who invented “administrative law” set out to destroy and ignore the Constitution. What you describe may very well be the practice, but of course that doesn’t make it constitutional.
      Then again, an “independent agency” is ipso facto unconstitutional simply by existing, no matter what it does.

  2. Pretty sure two paras have collided to the detriment of both — and in a debate where our side is consistently derided as stupid, ignorant or both, it needs to be fixed and this comment of mine burned to the waterline before the antis run with it.

  3. Foolish people who legislate, make a case in public opinion, or create case law for the restriction or extermination of any of specific enumerated right enable the extermination of not just the Bill of Rights but the entire constitutional principle of government.

    Feature, not bug.

  4. I always get a kick out of pointing out to antis that they also have 2A rights. For 8 years I listened to lefties scream about how Dubya was going to suspend elections and rule by fiat. I like asking if he HAD suspended elections, how would they resist?

    It really freaks ’em out when I truthfully state that in that instance, I would have been on the barricades right next to them, even though I voted for the man. They don’t understand that there are some things more important than political ideology.

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