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View Diary: Dry Era End Proclaimed (32 comments)

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  •  Aye on the privacy bit (1+ / 0-)
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    We like to scream about the right to privacy, but the word does not appear in the constitution. The right is "inferred from the penumbras" of related rights. This might be one of the very few times the Third Amendment is ever used in a Supreme Court ruling.

    On the other hand, privacy needs to be thoroughly defined. Otherwise, one could argue that every thing from domestic violence to growing pot inside is legal under the privacy clause if it is done inside one's own home.

    Example, Lawrence v. Texas struck down laws against sodomy because the state has no overriding interest in what happens in the bedroom. Of course, the same logic does not apply to a couple getting into a physical altercation.

    •  Well, the Founders.... (1+ / 0-)
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      ...I think, would be aghast that we were even having this conversation.  I don't know how you can look at the Constitution as a whole and conclude anything other than a right to privacy -- or unwarranted intrusion of the government upon the individual, if you'd prefer -- is clearly intended.  It's like that creaky old allegory about the blind men and the elephant.

      "Catch-22 says they have a right to do anything we can't stop them from doing." -- Joseph Heller

      by Roddy McCorley on Tue Jul 22, 2008 at 04:26:08 PM PDT

      [ Parent ]

    •  Pot should be covered by the privacy clause. eom (0+ / 0-)

      We hope your rules and wisdom choke you / Now we are one in everlasting peace -6.63, -6.97

      by amRadioHed on Tue Jul 22, 2008 at 05:29:38 PM PDT

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      •  Agreed (0+ / 0-)

        I have long said that I would accept an alcohol prohibition if pot were legal. How often do you hear of someone who is stoned causing problems? The people getting into fights and breaking sh** are the drunks.

        Regardless, for better or worse, pot is illegal and as such, the state does have an interest knowing whether or not you are growing it inside.

        Oddly, it is okay to brew untaxed beer in your home.

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