tag:blogger.com,1999:blog-20077444.post7955144898061688590..comments2024-03-26T04:21:43.535-05:00Comments on Free Association: TGIF: Kim Davis's StuntSheldon Richmanhttp://www.blogger.com/profile/15672237234580563637noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-20077444.post-32989910806270403912015-09-15T21:51:37.600-05:002015-09-15T21:51:37.600-05:00With direction from her legal counsel, I believe s...With direction from her legal counsel, I believe she is making the case that since the Supreme Court invalidated the state's definition of marriage, the legislature needs to then provide a definition that complies with the court, including whatever constitutionally approved conditions like waiting periods or prohibitions against marrying known relatives that the legislature would approve. There isn't a severability clause in the law.Justin Oliverhttp://whoplanswhom.com/noreply@blogger.comtag:blogger.com,1999:blog-20077444.post-45097675958283662432015-09-12T20:42:49.794-05:002015-09-12T20:42:49.794-05:00Sheldon,
Yes. I guess it depends on how far back ...Sheldon,<br /><br />Yes. I guess it depends on how far back you want to go. But I was trying to stick to an intra-Constitutional argument. Assuming the Constitution's validity, it's a fair question to ask whether the SC has any authority to do what they did. It's also fair to ask if the amendment process was followed.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20077444.post-34064228331792077302015-09-12T12:59:49.917-05:002015-09-12T12:59:49.917-05:00Tom, if we're going to talk about illegitimate...Tom, if we're going to talk about illegitimate ratification, we'll call the whole Constitution into question. Hasn't she claimed that the Supreme Court overstepped its authority? Sheldon Richmanhttps://www.blogger.com/profile/15672237234580563637noreply@blogger.comtag:blogger.com,1999:blog-20077444.post-769922267820272942015-09-11T21:29:06.750-05:002015-09-11T21:29:06.750-05:00I don't think that emotions such as fear or ha...I don't think that emotions such as fear or hate can be regulated. Only behavior is subject to law, not the content of the mind. But there are some who want to do the impossible, even among libertarians.<br /><br />Even intolerance has to be tolerated.<br /><br />I am pretty sure that all the persons important to this story (the men who wanted to marry, the functionary, the Judge, the politicians, and those who roared for and against) were all victims of Gov-schooling.<br /><br />I don't think it is a good thing to impose "equality under the law" to a people that don't want that. They have to understand by themselves how problematic it is to not have equality under the law. Coercion in the name of equality is still coercion, and coercion only breeds contempt and hate, never tolerance or liberty.<br /><br />Colombonoreply@blogger.comtag:blogger.com,1999:blog-20077444.post-89999317282416388212015-09-11T17:08:37.028-05:002015-09-11T17:08:37.028-05:00it's authority, not their authority.it's authority, not their authority.Tomnoreply@blogger.comtag:blogger.com,1999:blog-20077444.post-20223640683264961882015-09-11T17:07:42.592-05:002015-09-11T17:07:42.592-05:00Sheldon,
Excellent analysis. What would your res...Sheldon,<br /><br />Excellent analysis. What would your response be if Davis had said that she won't issue the licenses because the Supreme Court overstepped their authority and/or that the 14th Amendment was never properly ratified (I'm assuming an intra-Constitutional argument here) and therefore not part of the Constitution?<br /><br />TomTomnoreply@blogger.com