http://www.volokh.com/2014/01/17/conser ... riorities/
After first explaining how Bork's views--Bork a supposed conservative--extrapolate to both the prohibition of consensual sex and to the lack of any right not to be raped, if a majority choose otherwise, shows in parallel the abhorent police state Ladajo favors, and the refutation, if the conjecture is true, of the worth of the American Revolution.
I reject the contention categorically. With his assertion only the firm smothering hand of the police can keep a lid on society, Ladajo gives his game away entirely.Timothy Sandefur wrote:We see here the horrifying consequences that follow from the notion that rights are benefits created by the state. That contention empties the word “right” of any real content, and replaces it with a permission extended by the superior state to the inferior individual, when and how the state chooses.
The founding fathers were familiar with this argument, and they rejected it. John Locke, the intellectual progenitor of the American Revolution, is most famous for his Second Treatise of Civil Government, passages of which Jefferson paraphrased in the Declaration. But in his First Treatise, Locke had focused on refuting the arguments of Robert Filmer, a monarchist whose view of rights was remarkably similar to modern positivism. Filmer claimed that government owns citizens, and that it may give them rights or withhold rights from them whenever it sees fit. So, Locke asked in his rejoinder, can princes also eat their subjects? If we recognize that rights are not just government-created permissions, we also can recognize that there are limits on what government may justly do to us. But Rehnquist and Bork held that government comes first, and that it gives people freedom when it wills, and for its own purposes. Their argument, as Locke said, lies in a little compass, and it is this: that all government is absolute monarchy, and the ground they build on is this: that no man is born free.
Ladajo and Diogenes are not merely wrong but self evidently idiots in their chosen view, and traitors to 1775 and all uniquely good in that year.
Rights inhere to the individual, and they pre-exist the state, and they are not severable from the individual by any contract--no law organic, statutory, or private can command a wrong to be done and be rightfully enforced.
This includes a prohibition on the consumption of alcohol--which if unjust and unwise was at least done with benefit of an amendment--or any other enjoyable substance.
It includes the defensive keeping of firearms where not legal, or the smoking, injection, or snorting of a substance with enjoyable effects, regardless of a law to the contrary. This includes religions disapproved of.
Your rights don't end until someone's nose starts, and nothing criminal can have happened until you connect with someone else's nose.
The point of the scare quotes are, of course, that these people aren't really conservatives at all.