Author Topic: Wow. This guy doesn't want a career in politics.  (Read 4090 times)

erictank

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Re: Re: Wow. This guy doesn't want a career in politics.
« Reply #25 on: April 07, 2013, 05:32:24 PM »
Irelevant? Its what the op was about. And double irony points for bringing up strawman

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Have you been reading this thread at all?

OP himself stated:
Like it says on the tin, this guy doesn't want a career in politics, does he?

Seriously, GOP.  Stay the hell out of people's  bedrooms, ok?

That second line? It's IMPORTANT here. OP's statement is not anything to do with the MacDonald case, it's a condemnation of the freakishly-stupid "crimes against nature" law which forbids penetrative sex acts other than PiV between consenting adult partners anywhere, anytime, and of the AG who seems determined to ignore SCOTUS' previous ruling on that sort of thing and rather than get government out of people's bedrooms, seems intent on pushing further into them, presumably with CCTV cameras at the ready to make sure that someone somewhere can't get away with having a good time (in other than The Approved Mannerâ„¢) with a consensual adult partner. Followups by others went along that same thread - I know mine did, since I explicitly stated that multiple times.

You don't really imagine that Phyphor was defending the molester in the MacDonald case, do you? Or that the rest of us speaking out against this law are attempting to do so?

Sometimes, one can extract important details from a media report (even from Mother Jones, it seems - as the saying goes, even a stopped clock is right twice a day) which have little or nothing to do with the main subject of that report. The only connection to the child molester's case at all is that said law came up in that case, bringing people's attention to an irredeemably-stupid law. Since he committed bonafide crimes, he doesn't get out of it because the "crimes against nature" law is irredeemably stupid, there's other stuff he's on the hook for anyways. One can agree with the fact that Chester the Molester is apparently getting what he deserves and still hold (as we are here) that 18.2-361(A) is not only freakishly, irredeemably stupid, it's a violation of basic human rights, and that efforts by the Attorney General to reinstate it in full rather than get the useful bits in 18.2-361 rewritten into a valid law (if they aren't already covered somewhere else, which at least some of them already ARE) are likely to amount to political suicide.

If said law gets the public attention it should, and Cuccinelli continues his apparent quest to declare open season on the sex lives of millions of Virginians and convert them into felony records for all involved in violation of the prior SCOTUS ruling on the subject, then yeah, I'd have to agree he's shooting his political career in the foot. Or maybe the nuts. But at least that wouldn't be a violation of 18.2-361, so perhaps he's okay with that; at least there'd be no oral or anal contact with a consenting partner involved.

And CSD? Arguing something entirely other than what we've been expressing anger over as if that other thing had any realistic connection to it (hint - the existence of the irredeemably-stupid "crimes against nature" law does not in any way depend on the existence or disposition of the MacDonald case, nor does said case in any way justify the existence of said law), that pretty well qualifies as a straw-man argument. This is what VASkidmark is doing with his "devil's advocacy". The issue never was about the case, it had nothing to do with a child molester getting caught having oral sex with a couple of teens below the age of consent. It was always about the law, which position has been repeated multiple times.

Or hey, go ahead and turn yourself into the local VSP station for violation of 18-2.361(A), and plead guilty to that Class 6 felony for having sex in other than The Approved Mannerâ„¢ with a freely-consenting adult partner, for all I care. Give up your rights, and any possibility of a reasonably-decent life, for doing something the government has no legitimate authority to penalize (or even KNOW ABOUT), because "it's the law, and it's the AG's job to uphold the law." :facepalm:

Question: if Phyphor, or someone else, had been randomly reading the Commonwealth's criminal code and stumbled across 18.2-361 and brought it to our attention, and we had reacted in exactly the same way as we did here, what would YOUR position be then?

Or how about this, to try to recast this into something which might be a little more accessible to some here - is it right and proper for the government to use paperwork violations of the NFA/GCA/FOPA/whatever pointless and arguably-unConstitutional gun law you care to name to destroy the lives of gun owners they can pin said violations on, just because "that's the law, as written"? Even though said violations may not be intentional, and hurt no one at all in any possible manner? Or would it be better and more proper for the DAs and AGs involved to say, "This law is pointless, stupid, and unConstitutional as written, and this office will not support prosecutions under it as written." (granted, it would be a pipe dream...). How is that different from what's happening here? An official upholding an idiotic and unConstitutional law is not carrying out any kind of principled stand for states' rights. It's nothing more noble than a demonstration of lack of fitness for political office, and should be punished as such.

Just for giggles - what would the "actual issue" be?

That you can continue to ask that after being straight-out told that answer multiple times makes me wonder if you maybe ought to be hanging out under a bridge somewhere conducting toll transactions with billy-goats. How many times do you need me to tell you that the outrage is over the EXISTENCE of a law which explicitly penalizes sex acts between freely-consenting adult partners, and an AG who seems bent on ensuring that said law is returned to power rather than assuring the public that he's working to have it struck from the books? He, and the State, have no business saying that freely-consenting adults can or can't perform this or that sex act with each other. Period. Since he's doing so anyways, he deserves to be "rewarded" with abject failure at the polls in his quest for further political power.

Consider this one more time, and hopefully that's enough. ;/

vaskidmark

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Re: Wow. This guy doesn't want a career in politics.
« Reply #26 on: April 07, 2013, 06:18:47 PM »
What about in the back of a truck outside a venue I'm playing at

You can, but don't expect protection from the law.  Of course, you might get busted for disturbing the peace/noise violation before you get busted for crimes against nature.  Mostly it sorta depends on what kind of sense of humor the cop has - a quiet "Ho-hum" or a full-on "Ha-Ha" accompanied by a radio call for all his buddies to "come and see this!"  Or you could run into the consumer protection nazi who will bust you for false advertising.

Seriously, do you want to go plasce by place just to hear the same answer?

stay safe.
If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege.

Hey you kids!! Get off my lawn!!!

They keep making this eternal vigilance thing harder and harder.  Protecting the 2nd amendment is like playing PACMAN - there's no pause button so you can go to the bathroom.

vaskidmark

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Re: Wow. This guy doesn't want a career in politics.
« Reply #27 on: April 07, 2013, 06:50:25 PM »
erictank -

Cuccinelli knows (not suspects, not guesses, not hopes) that his hard-line stand on upholding the law as it is written will in fact get him elected in Virginia  quicker than if he took an activist stand and pimped for "outrageous" and "outdated" laws to be repealed.  He knows that an AG doing that will get buried by the General Assembly's political machinery as well as the R and D machines.

The ranting and raving about the "crimes against nature" law are meaningless drivel.  SCOTUS said they do not apply two two consenting adults in the privacy of their bedroom (and probably will allow that they meant within the four walls of the entire home).

As for
Quote
is it right and proper for the government to use paperwork violations of the NFA/GCA/FOPA/whatever pointless and arguably-unConstitutional gun law you care to name to destroy the lives of gun owners they can pin said violations on, just because "that's the law, as written"?
I'd have to say, "well, yes, it is until the law gets rewritten.  I'm sorry that some folks/a whole lot of folks have had their lives screwed up due to laws that are in fact (until SCOTUS says so, regardless of your personal opinion about infringement) constitutional.  Think the law sucks?  Get it changed.  Till then, learn to live with it.  The alternative is mob rule, where the mob (the loudest or the largest number,. which one will prevail) gets to decide on what day what laws apply to which people in which settings.

Start writing letters, making phone calls, and getting on FaceBook and Twitter to organize torchlight parades (pitchforks are not allowed inside Capitol Square but to my knowledge there has never been a ruling on tar).  Picket outside the offices and homes of the members of the General Assembly.  For all I care you can commit civil disobedience, but you better be ready and willing to accept the consequences.

Cuccinelli's actions will have more impact on any decision to repeal the "crimes against nature" law than just about anything else.  My personal guess is that the General Assembly will do nothing, closely followed by they will amend it to apply only to minors - except as it applies to those pesky 15-, 16-, and 17-year olds boinking each other.

In closing, your rant that
Quote
18.2-361(A) is not only freakishly, irredeemably stupid, it's a violation of basic human rights
is itself freakishly and irredeemably stupid because SCOTUS has already addressed the matter as it relates to two consenting adults, making 18.2-361(A) a nullity when the behavior of two consenting adults is being addressed.  SCOTUS has also repeatedly opined that minor children do not have/are not entitled to all of the human rights adults are, except in those cases where they have opined that minors have human rights that they lose when they reach the age of majority.

stay safe.
If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege.

Hey you kids!! Get off my lawn!!!

They keep making this eternal vigilance thing harder and harder.  Protecting the 2nd amendment is like playing PACMAN - there's no pause button so you can go to the bathroom.

Matthew Carberry

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Re: Wow. This guy doesn't want a career in politics.
« Reply #28 on: April 07, 2013, 07:06:02 PM »
The Crime against nature law doesn't, by its text, apply to "consenting adults", it applies to any or all "persons." You can't look at the law out of the context of other statutes, the US Con, and court precedent.

In context, due to Lawrence, by definition that affected group "persons" no longer includes mutually consenting adults, with "consent" and what constitutes "legal adults" being defined in still other VA statutes.

The part of the law which prior to Lawrence could be applied to consenting legal adults, simply has no effect and cannot be legally enforced. "Persons" no longer legally includes that subset of people in its contextual definition, enforcement-wise.

We dont rewrite the 4th amendment every time the scope of person and possession change due to case law, law enforcement just stops enforcing in those areas.
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MicroBalrog

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Re: Wow. This guy doesn't want a career in politics.
« Reply #29 on: April 08, 2013, 04:24:53 AM »
Even if we agreed - for the purpose of this discussion -that minor have no rights (something the court has not, per se, agreed with, recognizing a variety of rights in minors). Anyone seriously believes that oral sex with a minor is or should be legally worse than PiV sex with a minor, and that this is a legal principle we should be enshrining in our government?
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roo_ster

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Re: Wow. This guy doesn't want a career in politics.
« Reply #30 on: April 08, 2013, 10:57:18 AM »
Even if we agreed - for the purpose of this discussion -that minor have no rights (something the court has not, per se, agreed with, recognizing a variety of rights in minors). Anyone seriously believes that oral sex with a minor is or should be legally worse than PiV sex with a minor, and that this is a legal principle we should be enshrining in our government?

When it involves an adult with a minor, I think the non-NAMBLA supporters are OK with that.

And there is no "enshrining."   VA went about and outlawed common law crimes in the way they ought to when SCOTUS came by and intruded fed.gov into a state's authority to manage such.  The federal intrusion, nullifying some bits of this & that law, and leaving the rest a bit of a mess is the responsibility of the irresponsible SCOTUS-lings.

Best if SCOTUS had followed the COTUS, stayed out of Lawrence and left it (and almost all criminal law) to the states to manage.
Regards,

roo_ster

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MicroBalrog

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Re: Wow. This guy doesn't want a career in politics.
« Reply #31 on: April 10, 2013, 08:22:48 AM »
No. 14th Amendment was passed deliberately to expand 9th Amendment to the states, which the courts originally recognized before the disastrous Slaughterhouse cases.
Destroy The Enemy in Hand-to-Hand Combat.

"...tradition and custom becomes intertwined and are a strong coercion which directs the society upon fixed lines, and strangles liberty. " ~ William Graham Sumner