*Originally posted by TQMshirt *
Good. So now what right does the majority have to create a law that says one cannot smoke, buy, or sell weed? That one cannot have slots in their backyard? That one cannot kill puppies for sport? That one cannot murder gays with abandon?
Well the first two are easy. The majority has no right to create laws banning smoking, growing, buying, selling marijuana. Read the Constitution, the 10th Amendment (yes, the one that’s entirely ignored by our government). Nor do they have he right to prevent me from having slot machines in the back yard. Of course, that’s just the Constitution, mind you, which has literally nothing to do with modern America.
The third question is actually the most interesting. Can the majority pass laws to prevent you from killing puppies for sport? If they’re not your puppies, certainly. If you obtained them under false pretenses, sure. But they eat dog all over the world, and killing all sorts of animals for sport is legal in the US. So I have to conclude that if you wanted to shoot wild dogs for sport, away from human inhabitants, sick as that might be in my personal opinion, I can’t stop you.
It’s the fourth question where you jump of the deep end. Of course you cannot “murder gays with abandon.” That is depriving an individual of life without due process of Constituational law. It is explicitly forbidden by the text of the Constitution. Please.
It is impossible to avoid the reality that many laws are the result of the ethics of the majority. Should the constitution protect us from the occasional abuse of that? Sure. But that has nothing to do with the fact that every citizen has the right to add their moral conscience into a debate over the legality of an act.
Wrong. The Constitution is based neither on ethics nor morality. In reality the Constitution is based on much the same principles as physics and cosmology (stay with me here a minute). Much like physics, the Constitution assumes there is no preferred reference frame. Much as in cosmology, the Constitution recognizes that human rights are homogeneous and isotropic. What this boils down to is that no individual’s rights are more important than any other. Given this and the fundamental rights of life, liberty, property, you can derive a set of morals and ethics, not vice versa (I don’t want to die; I’m no different than anyone else, therefore I shalt not kill).
Thus legislating by morals is silly at the very least, giving us laws about how we can cut or grow our hair (Taliban or some small towns in America, you find the difference; I can’t) and downright frightening in the worst case (e.g. “The Drug War”).
Hence murder is not illegal in the US because it is immoral, nor is theft or fraud. They are illegal because they deprive individuals of life, liberty, or property. Letting morals dictate laws is not how the game is played, much as the left and the right think that it is. Even the odious “morality” laws that we have must attempt to have some justification other than pure morals today. In the old days you could get away with outlawing homosexuality and sodomy and blacks drinking out of your lilly white water fountains, and all sorts of things based purely on “morality.” Not so nowadays; you have to sweeten the oppressor with a spoonful of bullshit. Hence they ban “drugs” because of their supposed “negative impact on society” (there’s the Drug War calling the kettle black if I ever heard it).
If for example, someone feels (for whatever reason) that killing puppies for sport is wrong then they have the right to try and create a consensus and thus through majority rule create a law to ban it. I can theoretically disagree with the basis of the law, but it is false to call the law an abuse of the system.
We, being the uneducated rubes that we are, are of course free to try to gets any silly laws we like passed. It is the responsibility of the elected legislators and the judicial branch, however, to recognize and through out laws that do not cut the Constitutional Mustard. However, this rarely happens nowadays.
**Murder is illegal. The problem we face with abortion is that in many ways it resembles murder. It is not some random vague act. Moreover, while there may be no objective standard, we can certainly see if there is a hypocritical standard by comparing it to a seemingly similar circumstance (e.g. coma). **
In many ways you and I resemble squirrells. However, this does not make us squirrells. Do you see the point? And it does not matter that abortion is not some “random vague act.” The point is that you have yet to demonstrate that it is murder. Again, the point is that illegal is not the default state, legal is. And if there is no objective standard, you have no hope of having a Constitutional leg to stand on for banning it. And before you can legitimately compare something to a “seemingly similar circumstance,” you must show that it actually IS similar, not just “seemingly” similar, otherwise your comparison is at least pointless, and likely misleading. Showing this similarity has not been done. And you run into the same problem, since there is obviously no objective standard for a comparison between the two. Hence the use of the coma analogy is nil in persuading someone who does not recognize it as analogous.
You can make the same argument about me killing a coma patient – you need to demonstrate why it ought to be illegal – and don’t respond “because it is murder” because you are then assuming your own conclusion. I am not saying that it is not murder but only that we can see why this situation should give us pause and first require an analysis of whether it is or is not murder (or killing as another poster put it).
Given that I’m going to substitute brain death for coma . . .
In fact, I think you’re right. One does need to demonstrate why it ought to be illegal. Luckily, in most instances this is obvious. If the family wants the patient kept alive, and provide the resources to do so, you would be infringing on their rights by terminating the victim. If the patient has previosuly asked to be removed from lifesupport, or granted the decision to a relative, their rights are not infringed by removing them from the machinery. If they have previously asked to be kept alive, but not provided the resources necessary to do so, they had no right in the first place. I would argue that in the absense of a clear statement of life support by an interested party such as a relative or the patient themselves, hospitals are under no obligation to keep the brain dead “alive.” The patient is already dead. Hence it is not murder, hence it should not be illegal.
**My point about the murder issue was a bit more subtle than you understood. **
Wow. That insult is so smooth you almost don’t know it’s there!
**When people responded to the OP with societal reasons for legal abortion I pointed out that these were not relevant. **
I actually agree with many of your points; I don’t think most of the reasons posted for why abortion should remain legal are irrelevant. I just also think that your stance that the default should be illegal, and that it is the task of the other side to show why abortion is not murder is ludicrous. As I said, it is your task to show that it is, which you have not done.
**The OP was proposing that abortion might be a form of murder based on the comparative analysis with coma. **
A flawed comparison, as I have shown.
Thus to skip responding to the murder issue and jump to societal issues is not relevant.
Agreed.
**In the hierarchy of argument one needs to first address the murder issue before the societal – and to be perfectly frank, if it is not murder then who even needs societal justification? That is the point I was making. **
Agreed. No societal justifications are needed.