Intermarkets' Privacy Policy Support
Donate to Ace of Spades HQ! Recent Entries
Hobby Thread - Sept 7, 2024 [TRex]
Ace of Spades Pet Thread, September 7 Gardening, Puttering and Adventure Thread, Sept. 7 The "rules-based international order" vs. free speech? The Classical Saturday Morning Coffee Break & Prayer Revival Daily Tech News 7 September 2024 The Bric, The Brac, The Craic & All, Lets Call It An ONT TGIF Cafe The Week In Woke Dick Cheney Is Voting for Kamala Harris Absent Friends
Bandersnatch 2024
GnuBreed 2024 Captain Hate 2023 moon_over_vermont 2023 westminsterdogshow 2023 Ann Wilson(Empire1) 2022 Dave In Texas 2022 Jesse in D.C. 2022 OregonMuse 2022 redc1c4 2021 Tami 2021 Chavez the Hugo 2020 Ibguy 2020 Rickl 2019 Joffen 2014 AoSHQ Writers Group
A site for members of the Horde to post their stories seeking beta readers, editing help, brainstorming, and story ideas. Also to share links to potential publishing outlets, writing help sites, and videos posting tips to get published.
Contact OrangeEnt for info:
maildrop62 at proton dot me Cutting The Cord And Email Security
Moron Meet-Ups
|
« Uh-Oh: Municipal Bonds Market Crashing |
Main
| Report: NASA Safety Issues Prompted By Policy Disputes »
January 15, 2011
Nihilist Warthogs: A Debate![]() This is part of a debate I had with a friend named "Tad" a while back. He was arguing the Laurence Tribe side of Constitutional law. [W]hen the judge is required to make such a moral decision, the judge should make a constitutional decision which best fits with contemporary understandings of the moral principles . . . . This is very loose. You could even replace the second occurrence of "moral" with "cultural" or "accepted." There is no room for an absolute truth or right or wrong. "Contemporary understanding" leaves too much to the anointed, the self-regarded elite—the gatekeepers of "contemporary understanding." Just because Tribe and his cocktail party familiars may think something is "moral" does not necessarily make it so. Slavery was morally acceptable 200 years ago, but it was never moral in an absolute sense. Maybe Tribe's future twin will find slavery again fits our understanding of contemporary moral principles 50 years from now, requiring repeal of the Thirteenth Amendment—perfectly acceptable to Tad and Tribe. Thus, the moral-equals-contemporary-understanding position is equivocal and unreliable, more of an article of faith than a rationale. Its real purpose is rhetorical, to sprinkle the word "moral" like sugar over the turd "politics." However, a judge interpreting a constitution will often find that the constitution explicitly requires that the judge make a moral decision . . . . "Often." Yes! That's the problem. Occasionally, rarely, there are times when a decision must truly be driven by moral considerations, but for some judges these occasions seem to come up quite frequently. So, I agree, certain judges "will often find" the Constitution requires him/her to wet a finger and stick it in the shifting moral wind which—for this type of judge, the Nihilist Warthog—always blows in one direction. Strange how that happens, isn’t it? The moral principles they find to be contemporary always require them to shift the law in a direction that happens to align with their own political views. Amazing. And, look, "moral" and "political" in the same sentence again. I don't agree with this view [that a judge should attempt to discern the moral principles of the framers that underly the particular constitutional provision], largely because I have real doubts about legislators or contitutional drafters generally intending that their moral views should be binding on future generations when those generations are called upon to make moral choices. This is wrong. First, men are flawed and naturally self-interested. This is not a shifting “moral view.” Thus, in order to form civil society, there has to be a social contract, and part of that contract establishes some degree of monopoly-like power to enforce other parts of the contract. Unless the anointed (Tad and Tribe) are running things, this enforcement mechanism, run by mortals, is dangerous. So restraints are also built into the contract to protect against abuse. Since abuse can never be completely eliminated, yes, the framers intended to bind future generations. The Constitution dwells on these restraints at length because they are the only thing between liberty and the harsh control of flawed man. What about this changes with contemporary understanding? Second, much of the Constitution is based on ideas about Natural Law which are, by definition, absolute—or else due process is just another one of your shifting "moral principles.” Third, your concern for the intent of the framers is not credible. Fourth, you use the word "moral" like it magically applies to all Constitutional exegesis. If everything is "morals" based—in your usage of the term—then nothing the framers wrote can be true, right, wrong, absolute, or binding over time. Social contract gives rise to the rule of law. The judges you mention in your third view, the intellectual conservatives, adhere to the text of the Constitution in order to uphold the rule of law, not shifting morality, and that is what the framers of the Constitution intended to be binding on future generations. Out of necessity, then, you implicitly redefine rule of law to be "moral view”; otherwise, there would be no way to support your position that judges often find the Constitution requires “moral” decisions. Such relativism approaches nihilism. People like Tribe, possibly including you, luxuriate in the reflected light of your own magnificence, consumed with self-regard for your ability to fully understand the extent of man—even from the bottom of your narrow potholes of existence. After all, you have good intentions. Such wise and good demigods would never abuse power. Indeed, you have the ability to I suspect that, deep down, you and Tribe consciously prefer the idea of molding society to fit your personal understanding of contemporary moral/political principles with little or no rule of law restriction at all—to use the legal system as a tool for imposing good deeds on others at will. This is just a guess, but it can be inferred from 1) the unquestioned self-certainty that loosely defined “contemporary morals” can be accurately divined and then easily fashioned into just and equitable law, 2) a readily apparent religious belief in the conceit that government involvement only assists liberty and prosperity, and, possibly, 3) an apparent unacknowledged fear of “too much” individual liberty. Freedom from government means a lot of scary people running around doing “immoral things” like reciting the Pledge of Allegiance or setting their own rules for private golf tournaments. Epilogue: No amount of reasoned argument would work with Tad. He had his perceptual blinders on. Whenever he lost a point, he just blobbed over like Jell-O and formed a new one. That is because, unknown to him, he was fundamenally dishonest. That intellectual dishonesty allowed him to adopt any position in the moment, depending upon utility--sort of like those I mentioned above who think like Laurence Tribe. | Recent Comments
gp:
"111 Concur. ..."
gp: "110 I was mainly worried that I had offended the w ..." NaCly Dog: "Last week as I was approaching the house I had a b ..." USA: "Thistle would give me heartburn. I'm sure of it. ..." gabapentin drug price: "You really make it appear so easy with your presen ..." Aviator: ">>I assume the site blacklists certain IP addresse ..." Way,Way Downriver[/i][/b]: "@96 Rufus T. has got it. Somewhere in your normal ..." Stateless: "Thanks Kindlot! He seems good as can be. Aft ..." Aviator: ">>Aviator, hope you are both well. Posted by: B ..." gp: ""I had that problem when using a VPN." That may ..." Eromero: "102 "Did you use your Indian name?" gp stands f ..." Ben Had: "Aviator, hope you are both well. ..." Recent Entries
Hobby Thread - Sept 7, 2024 [TRex]
Ace of Spades Pet Thread, September 7 Gardening, Puttering and Adventure Thread, Sept. 7 The "rules-based international order" vs. free speech? The Classical Saturday Morning Coffee Break & Prayer Revival Daily Tech News 7 September 2024 The Bric, The Brac, The Craic & All, Lets Call It An ONT TGIF Cafe The Week In Woke Dick Cheney Is Voting for Kamala Harris Search
Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Primary Document: The Audio
Paul Anka Haiku Contest Announcement Integrity SAT's: Entrance Exam for Paul Anka's Band AllahPundit's Paul Anka 45's Collection AnkaPundit: Paul Anka Takes Over the Site for a Weekend (Continues through to Monday's postings) George Bush Slices Don Rumsfeld Like an F*ckin' Hammer Top Top Tens
Democratic Forays into Erotica New Shows On Gore's DNC/MTV Network Nicknames for Potatoes, By People Who Really Hate Potatoes Star Wars Euphemisms for Self-Abuse Signs You're at an Iraqi "Wedding Party" Signs Your Clown Has Gone Bad Signs That You, Geroge Michael, Should Probably Just Give It Up Signs of Hip-Hop Influence on John Kerry NYT Headlines Spinning Bush's Jobs Boom Things People Are More Likely to Say Than "Did You Hear What Al Franken Said Yesterday?" Signs that Paul Krugman Has Lost His Frickin' Mind All-Time Best NBA Players, According to Senator Robert Byrd Other Bad Things About the Jews, According to the Koran Signs That David Letterman Just Doesn't Care Anymore Examples of Bob Kerrey's Insufferable Racial Jackassery Signs Andy Rooney Is Going Senile Other Judgments Dick Clarke Made About Condi Rice Based on Her Appearance Collective Names for Groups of People John Kerry's Other Vietnam Super-Pets Cool Things About the XM8 Assault Rifle Media-Approved Facts About the Democrat Spy Changes to Make Christianity More "Inclusive" Secret John Kerry Senatorial Accomplishments John Edwards Campaign Excuses John Kerry Pick-Up Lines Changes Liberal Senator George Michell Will Make at Disney Torments in Dog-Hell Greatest Hitjobs
The Ace of Spades HQ Sex-for-Money Skankathon A D&D Guide to the Democratic Candidates Margaret Cho: Just Not Funny More Margaret Cho Abuse Margaret Cho: Still Not Funny Iraqi Prisoner Claims He Was Raped... By Woman Wonkette Announces "Morning Zoo" Format John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia World Muslim Leaders Apologize for Nick Berg's Beheading Michael Moore Goes on Lunchtime Manhattan Death-Spree Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears Liberal Economists Rue a "New Decade of Greed" Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility Intelligence Officials Eye Blogs for Tips They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq Leather-Clad Biker Freaks Terrorize Australian Town When Clinton Was President, Torture Was Cool What Wonkette Means When She Explains What Tina Brown Means Wonkette's Stand-Up Act Wankette HQ Gay-Rumors Du Jour Here's What's Bugging Me: Goose and Slider My Own Micah Wright Style Confession of Dishonesty Outraged "Conservatives" React to the FMA An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear The Story the Rightwing Media Refuses to Report! Our Lunch with David "Glengarry Glen Ross" Mamet The House of Love: Paul Krugman A Michael Moore Mystery (TM) The Dowd-O-Matic! Liberal Consistency and Other Myths Kepler's Laws of Liberal Media Bias John Kerry-- The Splunge! Candidate "Divisive" Politics & "Attacks on Patriotism" (very long) The Donkey ("The Raven" parody) |