Randy E. Barnett on Supreme Court & Sodomy on Nati…

Randy E. Barnett on Supreme Court & Sodomy on National Review Online

Randy’s right on. He says we’re all missing the boat on the Supreme Court sodomy case. The real story is that the burden of proof regarding whether or not a law governing private affairs is constititional has moved from the individual to the government. The court used to presume that laws passed by the Congress or by State legislatures were constitutional. You had to petition the court to prove that the law was not constituional. Now, the court will require the government to justify its limits on liberty.

My favorite line is this one: a legistlatures “judgment of immorality means nothing more than that a majority of the legislature disapproves of this conduct, which would be true whenever a legislature decides to outlaw something. Such a doctrine would amount to granting an unlimited police power to state legislatures.”