Liberty is an inherently offensive lifestyle. Living in a free society guarantees that each one of us will see our most cherished principles and beliefs questioned and in some cases mocked. That psychic discomfort is the price we pay for basic civic peace. It's worth it. It's a pragmatic principle. Defend everyone else's rights, because if you don't there is no one to defend yours. - MaxedOutMama

I don't just want gun rights... I want individual liberty, a culture of self-reliance....I want the whole bloody thing. Kim du Toit

The most glaring example of the cognitive dissonance on the left is the concept that human beings are inherently good, yet at the same time cannot be trusted with any kind of weapon, unless the magic fairy dust of government authority gets sprinkled upon them. Moshe Ben-David

Friday, February 11, 2011

Dicta! It's Just Dicta!

Obiter dictum (noun, Latin):  An opinion voiced by a judge that has only incidental bearing on the case in question and is therefore not binding.
Where There's a William makes a fascinating legal connection between two points brought up here:  the finding that Obamacare is unconstitutional by United States District Court of Northern Florida the and the Seventh Circuit's 1982 decision in Bowers v. DeVito that I excerpted as Quote of the Day a couple of days ago.

Will's point is perfectly logical and rational, so of course it must be wrong!  I can see the Left screaming that the Bowers declaration that
The Constitution is a charter of negative liberties; it tells the state to let people alone
is merely dicta, and not binding on any court.

Or, as Nancy Pelosi put it, "Are you serious?  Are you serious?"

Edited to add:

No less a Constitutional scholar than our President, Barack Obama concurs with the court's interpretation of the Constitution in Bowers:

Longer excerpt available on YouTube.

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