Reproductive Rights and State Benefits (fwd)

William H. Geiger III whgiii at
Sat Aug 23 18:25:27 PDT 1997


In <199708240101.UAA27366 at>, on 08/23/97 
   at 08:01 PM, Jim Choate <ravage at> said:

>> There's a landmine here, of course. Namely, the issue of whether states may
>> impose restrictions which are "unconstitutional." To some states rights
>> folks, as I assume Jim Choate may be, the answer is often "of course." To
>> some libertarians, the answer is often "of course not." A good example to
>> consider is "free speech." The First Amendment talks about Congress shall
>> make no law...does this mean California may ban certain books, restrict
>> certain religions, or impose censorship on the press?

>If permitted by the California Constituion absolutely. It's called
>freedom of expression, a weird sort of extension to the pursuit of life,
>liberty, and happiness. If the citizens don't like it they can elect
>another representative to change the law next time around. The right to
>liberty implies the right to give it away.

Well yes and no. Just because you are willing to give you liberty away
does not mean that you have the right to give my liberty away. That's why
the Bill of Rights pre-empts any legislation done by Congress or the

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