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Tuesday, January 21, 2014

Nits To Pick

Just a couple...

  • DigbyThis is where this "stand your ground" "castle doctrine" bullshit inevitably leads. - No argument that SYG is bad and leads to horrific ends, but that's quite different from Castle Doctrine, which is age old in America and would not logically lead to chasing down somebody to shoot them.
  • SlateThe right to vote is located in state constitutions. - it certainly is found there, but I'd submit the right to vote is inherent in the US Constitution as well, SCOTUS attitudes notwithstanding.

And that's all I've got to say about that.

ntodd

January 21, 2014 in Constitution, Schmonstitution | Permalink

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Comments

The Castle Doctrine pretty much established the common law defense of self-defense: i.e., prove your life was in danger, and you had no alternative, or we consider you the danger to society.

Worked pretty well until it was replaced by SYG.

And State Constitutions also ban same-sex marriage and some still contain racist language that simply can't be enforced any longer.

Besides, have you seen the Texas Constitution? It's a freakin' nightmare; a legislative Rube Goldberg machine.

Posted by: Rmj | Jan 21, 2014 9:54:31 PM

The right to vote is an essential aspect of the holding that government is only legitimate when it has the assent of the governed. Voting is the sacramental act in a sacred trust, that the government is only justified when it has that assent. If the U.S. government isn't based on the votes of all of The People, the natural and sole repository of its legitimacy, it is illegitimate and may as well ask the British Monarch to set up business here again.

Posted by: Anthony McCarthy | Jan 22, 2014 7:26:09 AM

The right to vote is an essential aspect of the holding that government is only legitimate when it has the assent of the governed.

Yeah, but to enforce that would be unfair to the states, who deserve to be considered innocent until proven guilty. And if there is no legitimate law that could establish their guilt, how can you punish them?

Poor, put upon states.....

Posted by: Rmj | Jan 22, 2014 9:47:18 AM

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