September 15, 2008

"Should I Worry About Becoming a Slave Again?"

I know everyone's mad at Whoopi Goldberg for asking that question, but she was simply articulating a common fear that people have about strict constructionism, and it's a fear that right-wingers must address, particularly if we are going to assert that as a matter of law, it might be more appropriate if abortion were to be decided by the states, rather than by Federal overreach.

And it is a stickier issue than people like to admit.

What Whoopi is asking here:

is "how far do you want to turn back the hands of time?"

And whenever we talk about how we want the Constitution interpreted with the Founding Fathers' intentions factored in, we're going to get asked that question by the "living Constitution" crowd.

I think we should get asked that question by the "living Constitution" crowd.

Because the way I see is—as someone who has never set foot in a law school—the dirty little secret is that even strict constructionists wink at a certain kind of Federal "overreach," especially of the "Brown v. Board of Education" type. Because that same clique of crazy guys who wrote the original Constitution without spilling any of each other's blood managed to put together that "Declaration of Independence" thingie, which declared that "all men are created equal" [clearing the way for "all men and women are created equal," English being a Germanic language—and "man" being German for "one," the individual, gender aside: the "smallest minority"].

So strict constructionism has to do with intent, and we have a lot of supporting documentation on the Founding Fathers' intent—which was to create a new type of freedom for the individual, by limiting the power of the State. They had a vision, and it was a capitalist, individualistic vision.

The problem in comparing abortion "rights" with other types of rights is that in the particular case of abortion there are two individuals involved, and their rights/obligations have to be balanced against each other.

That is why abortion is problematic, and could well at some point be returned to the states to decide. It is also why gay marriage is inevitable, whether or not we go through a couple of decades of calling it "civil unions" or not. (Or, as I would prefer, call all legal unions "civil unions," and make them all legally equal. Then people could do the church part if they liked, and call 'em marriages if they liked. And no one would have to use the word "marriage" for anyone else's "civil union" if they didn't want to. And we could all stop arguing about that.)

Once one looks at the Constitution through the prism of the Declaration of Independence, it's easy to see that constructionism is not going to roll back civil rights (again—unless you see abortion as a civil right, which is all well and good, but you got there [and I am pro-choice] by rolling over the rights of the fetus).

This clip apparently upset a lot of people.* I thought it was fine; McCain came off very well, and in order to do that he didn't have to pretend not to be religious, or pretend that Constructionists didn't pose a danger to Roe v. Wade.

He just had to be himself, and he was funny. People always forget that McCain's funny, and it catches 'em off-guard.


* Including Allah, whose answer on abortion would be a Constitutional Amendment. Ouch. I'd much rather see that one determined by the states, if Roe v. Wade ever were ever to be overturned.

Posted by Attila Girl at September 15, 2008 11:22 AM | TrackBack
Comments

Again?

Posted by: Darrell at September 15, 2008 08:53 PM


You see, Attila, I do not personally have a problem against classical slavery. Or, slavery as practiced by the Hebrews. Suitably updated, maybe.

I do have an issue with race-based or class-based slavery. If Asians, Caucasians and Negroids can all sell themselves into slavery, then I don't see a problem.

Two caveats;

1. Such slavery must be debt or POW slavery. IOW, if the putative slave is a citizen/legal resident, his slavery must be voluntary. And registered, regardless.

2. Time limit/buy-out. There must be achievable, realistic conditions to release someone from slavery.

It needs to be seen what the definition of slavery is, to be sure. Declaring bankruptcy is a limited, legal form of slavery - amongst other things, you cannot possess or use a passport. So is income taxation.

Posted by: Gregory at September 15, 2008 10:28 PM


Gays can already marry, that is, they can already promise to be sexually exclusive with one other person. They can do that any time. It's not what they're asking for.

What they want is for the state to provide material benefits on account of the relationship, and to force employers to provide material benefits on account of the relationship. The libertarian in me says no to that. As far as I am concerned, if an employer recognized only straight marriages, only gay ones, or only Mormon ones, and set employee benefits accordingly, that would be his inalienable right and should be recognized as such.

The other legal benefits of marriage can be handed out to any domestic arrangement without anybody caring.

Posted by: John at September 16, 2008 03:35 AM


Then, John, I assume as a good libertarian that you oppose state-sponsored marriage for straight couples as well.

It's my understanding that some Federal benefits remain out of reach for gay couples who do not marry, no matter how many attorneys they hire to write contracts between them.

Gregory, I believe what you're discussing in "indentured servitude." Please note that indentured servants have traditionally been treated, on the whole, even worse than slaves.

We can sign away some of our rights under some conditions but we cannot consent, as Children of God, to be "owned" by another human being.

Posted by: Attila Girl at September 16, 2008 10:07 AM


Gregory, that form of "slavery" is called indentured servitude. Historically, it was a method by which one promised a certain length of service, typically 7 years, in exchange for passage to the New World.

Posted by: I R A Darth Aggie at September 16, 2008 10:56 AM


Yes, yes, yes, and serfdom is not slavery either.

A difference without a distinction, if you ask me. Indentured servitude, working until May/June for the Feds (luckily for me, my taxes are so low it's more like Jan 15th), serfdom, slavery - all pretty much hinges on your definition of the term.

Debt slavery, captive slavery, marriage slavery (yeah, you can look it up, there are some though not many points of similarity) - again, my point is that a man should be allowed to 'sell' himself with the clear understanding that he should also be allowed to 'buy' himself back. Or did you not know that God, in the person of Jesus Christ, paid a dear price to redeem us from the slavery of sin? Is it not true that he who is a slave is free because of Jesus Christ, and he who is free is a slave unto the Lord? And that we are no longer our own people, but that we are the Lord's?

Since this is true in both a physical (in that whatever we do, we do for the Lord) and a spiritual sense (in that He is our suzerain), then slavery per se is not the problem - it's the discrimination that comes along with it that's the problem. That, and the inheritance of the status.

Posted by: Gregory at September 16, 2008 05:09 PM




Share photos on twitter with Twitpic "Let the issues be the issue.

About Joy W. McCann: I've been interviewed for Le Monde and mentioned on Fox News. I once did a segment for CNN on "Women and Guns," and this blog is periodically featured on the New York Times' blog list. My writing here has been quoted in California Lawyer. I've appeared on The Glenn and Helen Show. Oh—and Tammy Bruce once bought me breakfast.
My writing has appeared in
The Noise, Handguns, Sports Afield, The American Spectator, and (it's a long story) L.A. Parent. This is my main blog, though I'm also an alumnus of Dean's World, and I help out on the weekends at Right Wing News.
My political philosophy is quite simple: I'm a classical liberal. In our Orwellian times, that makes me a conservative, though one of a decidedly libertarian bent.


8843.jpg An American Carol rawks!
Main AAC site (Warning: sound-enabled;
trailer starts automatically.)


button01.gif
Buy Blogads from the
Conservative
Network here.



AttilaInLCF.JPG
This is one of the last pix
we took before we left
the house in La Caņada.
I think it's very flattering
to Bathsheba the .357.

"The women of this country learned long ago,
those without swords can still die upon them.
I fear neither death nor pain." —Eowyn, Tolkien's
Lord of the Rings


KhawHeadShot.jpg Free Abdulkarim al-Khaiwani!
See Jane Novak's "Yemeni Watch" blog,
Armies of Liberation.
Free journalists and dissident bloggers, worldwide!

Some of My Homegirls— ERROR: http://rpc.blogrolling.com/display_raw.php?r=59e4b55f70f50de810150859b200a635 is currently inaccessible



My Amazon.com Wish List


ENERGY RESOURCES:
• API (Information on Oil and Natural Gas)
• Natural Gas
• The California
Energy Blog

• The Alternative Energy Blog
(Solar, Wind, Geothermal, etc.)
• The Energy Revolution Blog
• Gas 2.0 Blog
• Popular Mechanics'
"Drive Green"



MOVIES & TELEVISION:
Criticism—
• Libertas
(now on hiatus, but they'll be back!) • Pajiba

Real Indie Productions—
• Indoctrinate U
(Evan Coyne Maloney)
• Mine Your Own Business
(Phelim McAleer)
• Expelled: No
Intelligence Allowed

(Ben Stein, Logan Craft,
Walt Ruloff, and John
Sullivan)

Real Indie Production
and Distibution
Companies—

• Moving Picture Institute


THE SAGA OF LIFE IN
THE R.H. HYMERS, JR., CULT:

• First Installment: The Basic Story
• Hymers' History of Violence

• How Fun Is It To
Be Recruited Into Hymer's
Offbeat Church? Not Very.
• How I Lost My Virginity


THE LITTLE MISS
ATTILA SAMPLER:


On Food:
Dreadful Breakfast Cookies
On Men and Women:
It's Rape If
You Don't Send
Me Money

Women Talk Too Much;
I'll Date Dolphins

Heterosexual
Men Are Kinky

Hot Cars,
Hot Girls

On Animation:
Freakazoid!
—the Commentary
Freakazoid!
DVD

On Religion:
Athiests and
Christians Talking
To Each Other



TESTIMONIALS:
"Good grammar, and better gin."
—CalTech Girl
"I enjoy Little Miss Attila's essays."
—Venomous Kate
"Joy is good at catching flies with honey."
—Beth C
"Your position is ludicrous, and worthy of ridicule."
—Ace of Spades
"Sexy."
—RightGirl
"Old-school."
—Suburban Blight

HAWT LYNX:

Teh Funny—
• Dave Burge
Interesting News Items

Civics Lessons—
Taranto on How a Bill Becomes Law

Editorial Resources—
• Better Editor
• Web on the Web
• Me me me me me! (miss.attila --AT-- gmail --dot-- com)
Cigars—
Cigar Jack

Science—
David Linden/
The Accidental Mind

Cognitive Daily

Rive Gauche—
Hip Nerd's Blog
K's Quest
Mr. Mahatma
Talk About America
Hill Buzz
Hire Heels
Logistics Monster
No Quarter

Food & Booze—
Just One Plate (L.A.)
Food Goat
A Full Belly
Salt Shaker
Serious Eats
Slashfood

Travel—
Things You Should Do
(In the West)

Just One Plate (L.A.)

Cars—
• Jalopnik
The Truth About Cars

SoCal News—
Foothill Cities

Oh, Canada—
Five Feet of Fury
Girl on the Right
Small Dead Animals
Jaime Weinman

Audio—
Mary McCann,
The Bone Mama

(formerly in Phoenix, AZ;
now in Seattle, WA;
eclectic music)

Mike Church,
King Dude

(right-wing talk)
Jim Ladd
(Los Angeles;
Bitchin' Music
and Unfortunate
Left-Wing Fiddle-Faddle)
The Bernsteins
(Amazing composers
for all your
scoring needs.
Heh. I said,
"scoring needs.")

Iran, from an Islamic Point of View
and written in beautiful English—

Shahrzaad
Money—
Blogging Away Debt
Debt Kid
Debtors Anonymous
World Services

The Tightwad Gazette

Sex—
Gentleman Pornographer

More o' Dat
Pop Culture—

Danny Barer
(Animation News) • Something Old,
Nothing New

(And yet more
Animation News)
Sam Plenty
(Cool New
Animation Site!)
The Bernsteins
(Wait. Did I mention
the Bernsteins
already? They're
legendary.)

Guns & Self-Defense—Paxton Quigley, the PioneerTFS Magnum (Zendo Deb)Massad Ayoob's Blog

THE BLOGOSPHERE ACCORDING TO
ATTILA GIRL:


The American Mind
Aces, Flopping
Ace of Spades
Argghhh!!!
Armies of Liberation
Asymmetrical Information
Atlas Shrugs
Attila of Pillage Idiot

Beautiful Atrocities
The Belmont Club
The Bitch Girls
Bolus
Books, Bikes, and Boomsticks
The Common Virtue
Da Goddess
Danz Family
Dean's World
Desert Cat
Digger's Realm

Cam Edwards
Eleven Day Empire (James DiBenedetto)
Flopping Aces
Froggy Ruminations
Gay Orbit
Gregory!
Jeff Goldstein

Mary Katherine Ham
At the D.C. Examiner
Hugh Hewitt
Hi. I'm Black.
Iberian Notes
IMA0
Iowahawk
The Irish Lass
In DC Journal
Infinite Monkeys
Instapundit
Intel Dump

Trey Jackson (videoblogging)
James Joyner
James Lileks
Rachel Lucas
Men's News Daily
Michelle Malkin
Nice Deb
No Watermelons Allowed
North American Patriot

On Tap
On the Fritz
On the Third Hand
Outside the Beltway
Oxblog

Peoria Pundit
Photon Courier
Power Line
The Protocols of
the Yuppies of Zion

Protein Wisdom

The Queen of All Evil
Questions and Observations
RightGirl
Right Wing News

Scrappleface
Donald Sensing
Rusty Shackleford
The Shape of Days

Sharp as a Marble
Sheila A-Stray
Laurence Simon

Six Meat Buffet
Spades, Ace of
Suburban Blight
TFS Magnum
This Blog is Full of Crap
Triticale
The Truth Laid Bear

Venomous Kate
VodkaPundit
The Volokh Conspiracy

Where is Raed?
Wizbang
Write Enough
You Big Mouth, You!


milblogsicon.jpg

Support our troops; read the Milblogs!

LinkGrotto
Support a Blogger
at the LinkGrotto.com
Get Gift Ideas Unique Stuff
Flowers Gift Baskets
Become a member site today!