Still Pissed Off About the Hawley-Smoot Tariff

Monday, August 16, 2004

The Dumbest Thing I've Read Today

Keep in mind that I haven't read anything on today. This item definitely takes the prize.

Not the story as a whole, mind you. It's a rather pedestrian ruling that Louisianans can't challenge a vote on a proposed amendment until after the vote takes place. The legal doctrine of standing to sue requires injury in fact, rather than speculative injury. I won't comment here on whether Louisiana's Supreme Court was correct or not. Instead, I want to highlight this quote:

"A group called Forum for Equality sued, arguing the ban would violate the Louisiana Constitution's guarantee of individuals' rights to enter into contracts and own property together."

This is stupid. This is every bit as stupid as arguing that the 2d Amendment is unconstitutional. By definition, an amendment to a constitution is constitutional. And an amendment, by its very nature, will modify, create or eleminate rights. One cannot reasonably complain that a proposed amendment is invalid because it will conflict with other rights - all amendments do that. My right to privacy conflicts with the press' right to make factually accurate statements about me. The eighteenth amendment violated my constitutional right to get loaded - but seriously, did anyone ever complain that the amendment was unconstitutional? Stupid, maybe. Inappropriate, maybe. Contrary to the public good, maybe. Caused more problems that it solved, maybe. But it was constitutional, because it was part of the Constitution.

Sheesh. I honestly think you have to try to be that dumb.