[quote name='Siterath']First, being a libertarian does not automatically equal a belief in absolute freedom of action. A libertarian, for instance, does not have to believe that a person is free to murder, rape, pillage, etc.[/quote]
I guess I should have pointed that out. I always forget that any conversation about this means I also need to cover moving violations, dog licensing, and zoning laws in the modern libertarian framework while working in Dagny fan fiction references.
Libertarians do not automatically espouse the ideas of Anarchy. Libertarianism, in the American sense, usually relates to a minimalist government.
Thanks. We're talking about abortion.
First, they almost always believe in a Federal (ie not National) government which is restrained by Constitutional limitations. All powers not explicitly granted are thus reserved to the states (10th Amendment arguments).
And they almost always know absolutely nothing about a little over two centuries of established case law, but it never stops the tenthers.
State governments, though having greater abilities to pass laws than the Federal government, are also limited. Limited by state constitutions (which of course vary) as they are the instruments of the people. Their ideology usually extends to the idea that state governments exist, and their powers thus extend only to, the preservation of property. Hence, murder can be illegal by the state (not the fed) because it deprives a person of their life, which can be seen as their own personal holding (property). Likewise theft can be made illegal for the same reasons.
Jesus, where do they hatch and can we put DDT in the water to soften their eggs?
I understand libertarianism, thanks.
So, as was articulated earlier, many believe that there should be no governmental role in marriage at all. No Federal action, because it's not a granted power of the constitution, and no State action, because there is no property involved needing protection.
Contract. Contract. Contract.
It. has. contract. implications.
To thus bring this back to the original posting, there has to be a clear distinction between morality and legality, or in the case of the Federal government, constitutionality. There are many laws which Libertarians viewing as being morally righteous, but constitutionally invalid, and must thus be left either to the states to enact, or made legal through a constitutional amendment.
Can someone explain to me how we can trust the states become arbiters of freedom here? I mean, all us libertarians (amirite?) know that government will seize power at every turn. Despite explicit instructions, many states enshrine religion in their Constitutions even!
I guess bringing up the supremacy clause would be stupid.
I'll also leave you with this thought .... If the rights of the people descend from the government, how then can the government derive its rights from the people?
*facepalm*
You're rubbing off on me, Msut.