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Tuesday, May 29, 2007
Thomas Sowell :: Townhall.com Columnist
A War of Words
by Thomas Sowell
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Who won Tuesday's presidential debate?


It has long been recognized that those on the political left are more articulate than their opponents. The words they choose for the things they are for or against make it easy to decide whether to be for or against those things.

Are you for or against "social justice"? A no-brainer. Who is going to be for injustice?

What about "a living wage"? Who wants people not to have enough money to live on?

Then there is "affordable housing" and "affordable health care." Who would want people to be unable to afford to put a roof over their heads or unable to go to a doctor when they are sick?

In real life, the devil is in the details. But the whole point of political rhetoric is to make it unnecessary for you to have to go into the specifics before taking sides.

You don't need to know any economics to be in favor of "a living wage" or "affordable housing." In fact, the less economics you know, the more you can believe in such things.

Conservatives, on the other hand, have a gift for phrasing things in terms that are unlikely to arouse most people's interest, much less their support.

Do words like "property rights," "the market" or "judicial restraint" make your emotions surge and your heart beat faster?

There are serious reasons to be greatly concerned about all these things. But you have to have a lot more facts and more understanding of history, economics, and law before you see why.

An issue can be enormously important and well within most people's understanding. Yet the way words are used can determine whether people are aroused or bored.

One of those issues is what legal scholars call "takings." There is a masterful book with that title by Professor Richard Epstein of the University of Chicago Law School.

But if you are in a bookstore and see a book with the title "Takings" on its cover, are you more likely to stop in your tracks and eagerly snatch it off the shelf or to yawn and keep walking?

Takings are not a complex idea. But it needs explaining. Continued...

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About The Author
Thomas Sowell is a senior fellow at the Hoover Institute and author of Basic Economics: A Citizen's Guide to the Economy.
 
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©Creators Syndicate
Subject: Voice of Reason writes:
"Conservatives believe in charity - but believe that welfare is anathema."

CORRECT! Do not confuse charity with welfare.

Charity is a personal choice to donate any amount of your choice to the cause of your choice, and the giver generally receives a tax deduction for the donation. Not so with welfare.

Welfare is just another government-mandated taking over which the individual has no control whatsoever. Tantamount to theft, welfare is a socialist euphemism for the redistribution of wealth; from each according to his ability to each according to his need!

Today's liberals who like to refer to themselves as "progressives" are anything but -- they are socialists and worse. Compare the liberal agenda to the communist party agenda; they are in lockstep.


"I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents..."
—James Madison

"Charity is no part of the legislative duty of the government."
—James Madison

"Congress has not unlimited powers to provide for the general welfare but only those specifically enumerated. ... A wise and frugal government shall not take from the mouth of labor the bread it has earned."
—Thomas Jefferson

"The democracy will cease to exist when you take away from those who are willing to work and give to those who would not."
—Thomas Jefferson


Gestell writes: June, 05, 2007 11:46 AM
.....So the simplest way to handle all this is to take Hugo Black's position and say that the Constitution does not contain privacy rights.

As a liberal, not a conservative, my own view is this: If the Constitution does not protect a right to privacy, so much the worse for the Constitution.

DESKJOCKEY RESPONDS

Gestell, thank you for your objective input. I just have some musings that may be of interest and I admit I’m a penumbra mocker and novice.

My mocking is based on my view that post Lincoln we have merely used the Constitution as a toy to entertain the masses and like the penumbras, our masters can find anything or have it mean anything they well please. They now travel to France to find out what it means. But going back to the original intent, the Constitution granted nothing, let alone privacy. The people granted some of their rights via the Constitution they being the grantor and giver-ment the grantee. The grantee can’t grant, therefore finding rights the grantee grants the grantor is problematic for me.

Now post civil war we had Lincoln’s chief justice Salmon P. Chase interpretation that all states rights were surrendered at Appomattox as he proudly claimed. Ergo penumbras among many other new revelations and the continual evolution leading to the incorporation interpretation and therefore views like Griswold. In my opinion Griswold, Kelo and Terri Schiavo are not a SC jurisdiction if looking at founder’s intent.

My simple view is that the Constitution has been granted no rights over behavior, including sex. And as you say the SC has taken an incorporation view via the wildly expanded view of the 14th to allow them to basically nullify states rights.

Because the South lost the war, states rights were lost and I can easily make the argument that the giver-ment and the courts can say or do anything they please as the spoils go to the victor. But clearly that was not intent. I would like you to look at Reynolds V US to see how careful the court was when stepping into a behavior issue. If Utah was not a territory, but rather a state, Judge Waite would not have ventured therein. Today we have Lawrence v TX and the court just jumps right in. I like Scalia's admission a year ago on the marijuana case where he said he rendered his opinion subject to his view that he had not right because it is noth a SC jurisdiction but he is acknowledging the courts precedent of over reaching jurisdiction. My uncle got him that job by the way.
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