LR 254CA, recently inroduced by Sen. Landis, would send to the voters of Nebraska the following proposed amendment to the Nebraska Constitution:
"This state shall not make or enforce any law which infringes upon or interferes with the privacy of the person, family, home, property, documents, correspondence, or information of any person unless the rights of others are directly infringed or unless public safety can be ensured by no lesser means."
Would this law create a nearly absolute abortion liberty under the Nebraska Constitution? Would it create a right to physician-assisted suicide? A right to possess marijuana in one's home? Car? A right to possess automatic weapons in one's home or car or on one's person? A right to same-sex marriage? To polygamous marriage? Would parents have a right to educate their children as they see fit? To school choice and equal funding for various educational choices? Does privacy in property rights mean that Lochner is now part of the state constitution?
If you answered either yes or no to the above, score yourself 100 per cent. Anything or everything or nothing is possible under the proposed constitutional amendment. It is whatever the state courts want it to be, an open invitation to rule from the bench.
Does this have any chance of getting out of committee? I have no idea, but Prof. Gradwohl says no way it gets out of committee.
Hat Tip: Jim Cunningham of the Nebrsaka Catholic Conference
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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