July 21, 2004

CONTAINING MULTITUDES:

Inside a Republican Brain (WILLIAM SAFIRE, 7/21/04, NY Times)

What holds the five Republican factions together? To find out, I depth-polled my own brain.

The economic conservative (I'm in the supply-side division) opposes the enforced redistribution of wealth, advocating lower taxes for all to stimulate growth with productivity, thereby to cut the deficit. Government should downhold nondefense spending, stop the litigation drain and reduce regulation but protect consumers from media and other monopolies.

My social conservative instinct wants to denounce the movie-and-TV treatment of violence and porno-sadism as entertainment; repeal state-sponsored gambling; slow the rush to same-sex marriage; oppose partial-birth abortion; resist genetic manipulation that goes beyond therapy. However, this conflicts with -

My libertarian impulse, which is pro-choice and anti-compulsion, wants to protect the right to counsel of all suspects and the right to privacy of the rest of us, likes quiet cars in trains and vouchers for education, and wants snoops out of bedrooms and fundamentalists out of schoolrooms.

The idealistic calling grabs me when it comes to America's historic mission of extending freedom in the world. This brand of thinking is often called neoconservative. In defense against terror, I'm pre-emptive and unilateral rather than belated and musclebound, and would rather be ad hoc in forming alliances than permanently in hock to global bureaucrats.

Also rattling around my Republican mind is the cultural conservative. In today's ever-fiercer kulturkampf, I identify with art forms more traditional than avant-garde, and language usage more standard than common. I prefer the canon to the fireworks and a speech that appeals to the brain's reasoning facilities to a demidocumentary film arousing the amygdala.


What right to privacy?

Posted by Orrin Judd at July 21, 2004 2:25 PM
Comments

The right to privacy is included in with these:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Admittedly, it's a little nebulous, but most people agree that something's there. If you disagree, try to advocate taking it away.

Posted by: Brandon at July 21, 2004 3:21 PM

Nebulous?

Posted by: oj at July 21, 2004 3:37 PM

Can't have freedom without privacy.

On a more picayune note: "... downhold non-defense spending ..."

Did he, usage maven that he is, really write that? Perhaps "limit" has been expunged from the dictionary when I wasn't looking.

Posted by: Jeff Guinn at July 21, 2004 5:27 PM

Privacy is the enemy of freedom--ask an aborted baby.

Posted by: oj at July 21, 2004 5:50 PM

I had copied the text of the tenth amendment into my previous post. You know, about powers reserved to the states and the people. My post makes a little more sense if you include that.

I should remember to preview before I post.

Posted by: Brandon at July 21, 2004 5:54 PM

Brandon:

What does that have to do with privacy though?

Posted by: oj at July 21, 2004 6:22 PM

The US had freedom before modern notions of privacy, when the vast majority of people lived in small towns where everyone knew everyone else's business.

It remains to be seen if we'll keep freedom with post-modern notions of privacy, when, potentially, anyone could know anything about anyone else.
I'm told that already one can put together a pretty good dossier on most normal people for under a hundred bucks, on the internet, trolling through public records.
That trend will only increase.

Plus, with technology to moniter people's movements and interactions getting smaller and cheaper, anyone who wants to know, can.

Posted by: Michael Herdegen at July 21, 2004 6:26 PM

Privacy is a con game.

Posted by: David Cohen at July 21, 2004 7:25 PM

The point was that we have rights that are not enumerated in the Constitution. And the Constitution acknowledges that fact in the tenth amendment. The right to privacy is generally considered one of those rights.

I'm not discussing the legal issues, nor am I defending the "emanantions and penumbras" basis of Roe v. Wade. I'm saying that most Americans believe we have a "right to privacy."

Posted by: Brandon at July 21, 2004 7:46 PM

Yes, we have enumerated rights. Privacy is not one of them. It was created recently and anticonstitutionally. It isn't conservative in any sense of the word.

Posted by: oj at July 21, 2004 8:03 PM

Right to Privacy = Abortion

Posted by: Ken at July 21, 2004 8:19 PM

What are the limits of this right? What does it mean and why do we care? What does it stop the government from doing, and which government? Says who?

Posted by: David Cohen at July 21, 2004 10:41 PM

David:

Pretend the government may intrude whenever it wants into whatever it wants. That is, there is no privacy anywhere at any time.

What freedom is left?

Privacy is a pre-requisite for freedom. Freedom means people can make atrocious choices.

The only known alternative is tyranny.

Posted by: Jeff Guinn at July 22, 2004 7:13 AM

Jeff:

Privacy rights were invented in the 60s contraception and 70s abortion cases. Privacy is the cover under which we practrice evil.

Posted by: oj at July 22, 2004 7:30 AM

The ninth and tenth amendments are dead letters believed to be superceeded by the fourteenth. The court sees no pre-existing right to privacy other than that which is defined by the courts. The so-called "privacy" right is a statist con-game which has accomplished nothing other than diminishing the ability of citizens to govern themselves at the state and local level.

Posted by: Tom C, Stamford,Ct. at July 22, 2004 9:35 AM

Jeff -- I agree with everything Tom says.

Also, I'm not saying get rid of the 4th Amendment (at least, I'm not saying that right now) or that the federal government shouldn't be a government of limited, enumerated powers. I'm saying that "privacy" in current American politics means either a coup against democracy or a limitation of free speech.

Posted by: David Cohen at July 22, 2004 6:09 PM

I'm not a constitutional scholar, but the Constitution does protect against illegal searches of homes and private property, correct? To me, that defines the private space. This does not protect that space from government intrusion when there is reason to believe that a crime has been committed.

To defend abortion on privacy concerns is ridiculous. The question is to whether the killing of a fetus is a crime or not. If it is a crime, then privacy cannot protect it. It is like saying that the government cannot make killing a person in your home a crime, since it would require an invasion of privacy to uncover the crime.

Posted by: Robert Duquette at July 22, 2004 6:50 PM

Robert:

Even that is a limitation only upon the State, not a form of privacy broadly speaking.

Posted by: oj at July 22, 2004 8:04 PM

Robert - The "right to privacy" works just like the "right to private property" -- i.e. "my womb is my property and I can decide who will inhabit it, just like my living room, and I can kill womb-occupiers just as I could kill a housebreaker" -- except that liberals don't want to allow anyone's property to be beyond their grasp, so they had to rename the right and give it a very narrow scope. But the "penumbras and emanations" which support it are all supports for private property, like the "private space" you mention.

Posted by: pj at July 22, 2004 9:44 PM
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