http://www.dailykos.com/story/2010/5/21/868465/-BREAKING:-Rand-Paul-Keynoted-Rally-For-Theocratic-Constitution-PartyWhat's at stake is Ran Paul's association with a movement which says it wants to re-impose "Biblical law" (or its interpretation of that).
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Within American jurisprudence there always has been and there always will be an uneasy tension between private property rights and the public, collective good. But Ran Paul's position seems radically skewed towards property. The flip side of Paul's "discrimination as free-speech" position is this - it logically implies, whether Paul has consciously thought it through or not, that some (or all, but that's for Ran Paul to say) human rights vanish on private property. Where does it end ?
It's crucial to understand how radical and regressive Ran Paul's views truly are - while Paul would surely disagree, his stance, which implies that when US citizens are on private land the property owner has the right, essentially, to strip away their human rights, evokes the notorious 1857 Dred Scott decision which, among other things "ruled that because slaves were not citizens, they could not sue in court. Lastly, the Court ruled that slaves—as chattel or private property—could not be taken away from their owners without due process."
Per the Dred Scott decision, slaves were not human beings with inalienable rights. They were commodities, objects that could be possessed, bought, and sold. According to Ran Paul's argument, private property owners can strip citizens of their rights, and there's already precedent - in Texas, under certain conditions land owners can legally use lethal force against trespassers. Why not simply make them into slaves ?
In his interview on the Maddow Show Ran Paul stated quite clearly his view that racism practiced by individuals or businesses is an expression of First Amendment free-speech rights and on that basis Paul opposes the provision of the Civil Rights act that bars private businesses from discriminatory practices. According to Ran Paul racist discrimination is a form of free speech.
But the classic Greensboro, North Carolina Woolworth's lunch counter sit-in case did not involve speech. It involved the segregationist practice of refusing to serve lunch to African Americans so bold as to sit on the "whites only" stools at the Woolworth lunch counter. Prior to the Woolworth sit-in, which touched off a wave of similar sit-ins across the segregated South, blacks buying lunch at the Greensboro Woolworth had to eat standing up.
In effect, segregationist practices, whether by government entities or by private businesses, relegated some citizens to second-class status. In the interview Ran Paul stated that he thought civil rights, and handicapped rights issues, could be addressed locally. But during the Civil Rights struggle the concerns of Civil Rights protesters were addressed locally - with riot batons, police dogs, and water cannons. It took federal legislation to overturn Jim Crow laws and segregationist policies, because local power structures in the South supported racist practices.
http://www.dailykos.com/story/2010/5/21/868465/-BREAKING:-Rand-Paul-Keynoted-Rally-For-Theocratic-Constitution-Party