Ah, but you see, to that effect the point Bricker is making (in lawyerese) is that a subjective sense of “logical consistency” is not enough when trying to figure out how come The Law is the way it is: specific jurisdictionally applicable legal doctrines have to be invoked.
How can there be such laws? Because the constitutional system allows them to be, is the answer. Whether it seems logically consistent to me or you, whoever holds the majority in the legislature has the last word.
A further note on the sex toy issue: most of the laws pertain to selling sex toys; possession is still legal for the moment.
Would that make boss/secretary sex illegal? I find this pretty astonishing!
I think the “unequal power” aspect comes into play when said power is delineated by legal statute, such as inmate/guard, student/teacher.
-
This wouldn’t make boss/secretary sex illegal.
-
It MIGHT mean that if a state chooses to make boss/secretary sex illegal, the Constitution does not forbid the law.
The Constitution is not Holy Writ, a source of wisom from which we must draw our every guidance. We are perfectly free to pass laws that augment the protections the Constitution provides, and we are prefectly free to pass laws in areas where the Constitution is silent. The Constitution does not forbid unwise laws, foolish laws, or stupid laws.
I guess it should be illegal for rich people to have sexual relationships with poor people.
How can sex between consenting adults be a felony in **Texas? **
That answered it’s own question. It’s Texas. :rolleyes:
Malienation writes:
I thought Molly Ivins wrote in one of her columns about a legal limit to the number of dildos one could own in Texas. Above that number you were apparently considered a Dealer, but below it, as she put it, “you are a mere fancier”.
It was some time ago. Have the laws changed? Who decides how many dildos are too many? And how many are, indeed, too many under Texas llaw? and why that number?
From the Texas Statutes, § 43.23: Obscenity
Wholesalers are subject to a state felony charge, while others are subject to a Class A misdemeanor.