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Jens 'n' Frens
Idle thoughts of a relatively libertarian Republican in Cambridge, MA, and whomever he invites. Mostly political.
"A strong conviction that something must be done is the parent of many bad measures."
-- Daniel Webster
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Tuesday, June 17, 2003 :::
I tend to agree with my brother that "freedom of association" connotes concepts more related to with whom one associates than what one does with one's associates. Of course, the Constitution doesn't spell out a freedom of association, either -- the closest it gets is the first amendment right to "peaceably assemble", which doesn't clearly indicate that one may choose with whom one assembles (though it loses a lot of its meaning if that isn't inferred).
I started reading Barnett's amicus brief in Lawrence v. Texas, with a bias similar to my brother's -- inclined to disagree that the law is unconstitutional, but hoping to be convinced otherwise. I got part-way through it before realizing that it relies on elements of common law well over my head, in particular the doctrine that a law must have a "rational basis", a test which I contend most of the acts of the Massachusetts legislature fail.
Barnett has more on the meaning of the Ninth Amendment at his website. I haven't finished reading that, either, but that's more because I've lacked time than because I lack the training for it.
::: posted by Steven at 5:35 PM
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