https://illinoislawreview.org/print/vol-2017-no-3/the-crimin...
128 karma · joined July 20, 2022
https://illinoislawreview.org/print/vol-2017-no-3/the-crimin...
Three highly intelligent and very knowledgeable members of the Court wrote an opinion on why Roe should not be overturned. Their eloquence and reasoning are far greater than mine. You should read what they wrote to see the legal basis of their position. It was not some right made out of thin air as in your Dairy Queen example.
Now 6 members of the court who are equally intelligent and knowledgeable wrote an opinion on why Roe should be overturned. Their eloquence and reasoning are far greater than mine. I read parts of their decision. I disagree with their reasoning. Herein lies the problem.
Human language lacks mathematical precision (I’m a mathematician and not a lawyer) and so we end up in a situation where equally smart, knowledgeable people have completely different conclusions about the same set of statements. This in itself is a cause of chaos.
In what I’ve written to you I have avoided saying things like, “there is no legal basis for overturning Roe”. Clearly there is a legal basis for doing so. Clearly there is a legal basis for not doing so. What I concentrate on are the consequences for this decision. I think the unintended consequences will be dire. Personally I think the Constitution needs to be rewritten. What worked in 1800 isn’t necessarily workable in 2022 in a much larger country with a much larger population.
The Constitution says nothing about a Department of the Air Force. Should it be legal to have a Department of the Air Force? The Constitution mentions “War Department”. It says nothing about a Department of Defense. Should that be legal? Well, the courts would throw out any challenge to the constitutionality of the Department of the Air Force because of the logical deductions of the statements in the Constitution.
Repeat the process for all statements in the Constitution and after 200 years you get a vast collection of legal opinions and judgments.
EDIT: Let me be more precise. The purpose of the Court is to clarify rights. It’s job is to decide what exactly is meant by “equal protection”, “freedom of speech”, etc.
Euclidean geometry is a vast subject with many theorems. Those theorems are logical consequences of the 5 axioms of Euclidean geometry. Just 5 statements are the basis for a large number of logical consequences. Imagine then how many logical consequences are possible from the many statements of the U.S. Constitution.
There is no explicit right to an abortion stated in the U.S. Constitution but courts 50 years ago said that this healthcare procedure can’t be completely outlawed. They enshrined it as a right. It has been a right for 50 years. Now it is not. I talked with a conservative justice on a state Supreme Court many years ago. He told me that the legal basis for Roe had slowly been established by precedents over the years. He did not say whether or not he agreed with those precedents. I’m just pointing out that the expansion of the rights of women to an abortion was not without a well reasoned path. Sort like how after enough theorems one can see that then sum of the degrees of a triangle is 180 degrees.
There have been historical variations in laws between states. Slavery is the quintessential example of this and it led to the Civil War. If there is too much variation on the legal protections between the states this can lead to chaos. The Court should be in the business to equalizing rights across the nation and not diminishing them. The Court is in the process of trying to equalize the rights to guns across the nation. While I oppose the interpretation of the 2nd Amendment most people have it should be equalized across the nation. This is particularly true since travel is so much easier now than in the past.
We will soon live in a country where an act is legal in one city and a death penalty offense in another. The last time that happened we ended up in a civil war. I don’t believe we will end up with a civil war over abortion but I can see liberal states telling Texas to go ahead an secede when Texas declares their right to do so (as they have done at various times over the past 40 years).
The Court’s action is extremely divisive and I don’t think state legislatures should have to right to limit medical procedures. Let’s assume we both agree that at conception the embryo is a human being with all the accompanying rights. I don’t think state legislatures should able to force a person to risk their life to save that embryo. Should legislatures have to the right to force me to donate blood to someone or donate a kidney to save someone? I think not. Legislatures should not have the right to force women to risk their lives to save an unborn child.
We disagree strongly on this issue. We disagree on the role of the Court. There are major power imbalances with regard to the power distribution among the states. These structural problems are coming to the fore due to results like overturning abortion. Such is my view.
I hope you have a good day too. I will read any response you make but won’t respond further. I doubt you will convince me my position is wrong and I doubt I’ll convince you but it is fruitful to read other peoples’ opinions.
The Court should be in the business of preserving or expanding rights and not in the business of diminishing them.
Consider this scenario. A woman in Texas goes to New Mexico and gets an abortion. The doctor that performs the abortion later decides to fly to Tennessee. The first leg of the trip involves a layover in Houston. Can the doctor get arrested for murder in Houston? Will people have to be careful where they travel now?
What the Court did was take away a right that women have had for over 50 years. What they did is to say that states are free to take away a right. This is an astounding action by the Court. The access to a healthcare procedure will now be at the whim of state or federal legislatures? When talking about the legal ramifications of the Courts decision it is hard to speak hyperbolically. One member of the Court openly said the right to have consensual sex, the right to birth control, and the right to marry freely should be overturned.
There is a large reseller market for PlayStation 5 because the price Sony sells at is much less than what the market is willing to pay. So scalpers step in seeking the potential profit. There are a number of reasons Sony doesn’t raise MSRP. The main one being goodwill and future buyers. If they raise their prices to $1,0000 the psychological effect will be long term detrimental. So they don’t raise prices. But there is a market for scalpers because of this.
I’ve posted links demonstrating there is a scalper market for some new cars. Indeed, dealerships are often times, in effect, becoming scalpers by raising prices. If all dealerships sold at MSRP this would not benefit consumers in the least. Scalpers would just take over and buying a car from a scalper is a lot worse than buying it, at a premium, from a dealer.
Call it price gouging, scalping, theft or what have you. The words used don’t matter. All that matters is that there is enough potential profit to be had at the imbalance between MSRP and what buyers are willing to pay for cars that someone will be attempting to take that profit. It’s either going to be the manufacturer (Tesla), the dealer, or a third party.
Increasing prices has much to do with whether or not there is a reseller market. You are very much wrong.
There are definitely scalpers for other brands. People are special ordering Mavericks from Ford and get them after 6 months or so and then reselling.
https://electrek.co/2022/06/15/tesla-tsla-increases-electric...
https://www.motorauthority.com/news/1136687_gm-threatens-dea...
https://www.carsdirect.com/automotive-news/industry-news/for...
https://www.motorauthority.com/news/1136687_gm-threatens-dea...
In a lot of places there are two scenarios in the local car market. One dealership will sell at MSRP but you’ll have to wait 4 to 6 months. Another has inventory but at a significant markup. You can buy now and pay more or wait a while and pay less. Choose the option that fits your situation. Of course, the best option would be to properly fund public transportation.
I don’t give quizzes or graded assignments anymore. I just give a few tests because, well, as you said, Kabuki theater college is ridiculous.