Monday, March 18, 2019

The 4th, the 14th, States, and Unenumerated Rights

Yah, well, if you think that title is lengthy, you should see the essay.

And it's worth reading because it is a brief, clear, and comprehensive statement about what went wrong with SCOTUS, beginning with Slaughterhouse.

The consequences?  'Rights' but no 'duties'. 

This author has a small problem, however; he castigates Bob Bork for what the author calls a 'positive-law' bias which Bork held; but it is precisely 'positive law' which is a problem.  See, e.g., abortion and queer "marriage."  In brief, the author doesn't have much use for natural law, except to enshrine it as a bar to slavery--which it most certainly is.  It's also a bar to homosexual "marriage" and abortion.

So go read it.

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