Reply by Sawkerf

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Posted on Politics, religion, AND sex!

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1730 posts in 3031 days

#1 posted 08-04-2012 02:24 AM

I think that Scalia is right in a purely legalistic sense. A legal code is society’s attempt (often imperfect) to codify it’s ideas of morality and ethics. Since it’s impossible to satisfy every one’s ideas, the legal code can only reflect the opinions of the majority. When and if those opinions change, the legal code should change also.

Our constitution has the nasty habit of getting in the way of laws prohibiting things that “everybody knows” are wrong. Since it’s the foundation of our legal system it can and does supercede other laws. It’s the job of the Supreme Court to decide if the other laws are unconstitutional.

Today, we find the concept of slavery totally immoral and have laws reflecting that belief. Slavery, however, predates written records and apparently existed around 11,000 years ago. For millennia, slavery was acknowledged by the legal systems of many civilizations. The concept of slavery being immoral is actually a relatively new idea (only a few hundred years old) in the western world that wasn’t accepted by the majority until the 18th century. At that time the abolitionists finally won the day and the practice was outlawed.

-- Adversity doesn't build reveals it.

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