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Originally Posted by punter11235
Ok now from my points it follows that:
"Ron Paul is effective president (in a sense he gets to implement what he wants) -> hundred thousand of people in USA will be deprived of basic human rights".
here is the issue. if you accept the constitution then it must be amended correctly if you think there is a necessary change. Ron Paul doesn't have a problem with the consequence of the decision but the means it came about.
The constitution often puts government above individuals. It seems you'd prefer a more libertarian oriented society and I'd agree. This doesn't change the fact that those in power have taken an oath to uphold the constitution, and not their personal ideals.
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It's not true. Very intolerant Texas is good at attracting capital. Attracting capital has nothing to do with caring about civil liberties. Slavery states also prospered.
I wouldn't say nothing but its certainly not everything. Economic freedom does almost always tend towards stronger social freedom however than would otherwise be the case.
If a state will attract capital though and remains socially repressive its likely the case that people can leave their money there but dont need to live there. The choice of where you live will be made on that basis.
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It's very difficult for them to actually hurt people. Constitution is formulated in such a way that there is no way you could oppress or discriminate people. If Supreme Court gets it wrong then some people won't have protection they think they should have but still it should be legislator job in the first place to prevent discrimination.
the constitution was actually formed in a way that gave the state a lot of power to oppress or discriminate people based on certain conditions.
your argument defending the supreme court is just as true on the state level. It should be the legislator job to prevent discrimination in the first place.
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It's a job states are failing miserably at throughout all history of USA. I challenge you to find one case where SCOTUS made it impossible for the states to protect civil and human rights if they wanted to (ok that was one case with slavery just before start of civil war but spare me that). I can list like a dozen off the top of my head where situation was reverse (ie states wanted to oppress people but SCOTUS didn't let them).
some people see roe v wade as legislating the destruction of human rights. Supreme court upholds drug laws. supreme court uphold eminent domain. there likely tons but would need to spend time researching. The point is still a theoretical one anyways. You have to explain why the SCOTUS is constructed in such a way that prevents errors that the states are likely to make. If its equal, then we are in much bigger danger then when the SCOTUS gets something wrong versus states.
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Of course in theory it's possible that bad tyrant will sit in white house and put 9 little tyrants in SCOTUS and they will rule pure people and make them work on cotton plantations for no pay but this is just not happening.
lincoln got away with killing more americans than any other president and depriving basic civil liberties. How was this managed?
I'm actually curious... not fresh on the history of it.
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Also the idea of central control over human/civil rights works because in general population every given "prejudice" is usually rare. Say 5% or 10% or 15% of people have it. As people with similar views tend to live close to each other you will automatically have some towns or even states which would like to oppress minorities. This is inescapable and again proven by history (see for example my example of sodomy laws). Now if you let those people make any law they want then all those 100's of prejudices in the population will be materialized into discrimination in some places (as again happened countless of times in history).
5% here, 10% there, another 5% there and it may well be that whole population will be under laws which discriminate people (every state in its own way). Now if you have federal control all this doesn't happen. Every one law based on those prejudiced is found injust by 90% or 95% of population and they just strike it down.
This is why federal government is great at protecting human/civil rights.
/end of story
so everything were decided on a global scale it we'd be even better right?
And there is no a majority vote on federal court decisions. As you said, they are appointees by the executive branch.