Lehto calls for REAL DEBATE w/ Holt et al.
RIghts have some REALLY interesting properties that are highly relevant to legislation and debating legislation.
1. They can invalidate that legislation, IN COURT. (But we do not want to have the right violated for months or years before this happens, and have to invest hundreds of thousands of dollars in lawyers fees, so we don’t PREFER this option, it’s preferable to fight for the rights up front)
2. They are not subject to significant compromise – a compromised right is a VIOLATED right. In legal lingo, it is called “Burdening” the right, which is illegal or unconstitutional as the case may be.
3. Rights would not be rights if they did not prevail or TRUMP when in conflict with other considerations or interests. One does not have a right AT ALL if the opposition of even 70% of the american public would result in the non-occurrence or non-enforcement of the RIGHT. A right means a court will compel the granting of the right no matter what the state or the public thinks.
4. If the rights are constitutional or foundational fundamental rights, they COMMAND OR CALL UPON our support as Americans since we are all politically obliged to uphold the constitution (or change it) and elections officials especially have sworn an oath to uphold it. In other words, it’s not necessarily OPTIONAL for anyone or everyone. The democracy tent can hold 100 different political parties and points of view. As a private citizen you are free to deny fundamental rights
and principles or ignore them deliberately, but then others are free to call you unamerican, because these are core, inclusive american values.
5. Fundamental rights like voting rights are powerfully moving and inspirational to most Americans.
6. Given that fundamental American rights and principles prevail in the end and trump, and even if denied leave one in a VERY POWERFUL POSITION to argue from, to compromise those rights or give up on them is fairly considered SURRENDER without so much as a REAL FIGHT. We’re talking about things on people’s minds when they died, so these rights are hardly the political playthings of a movement that wants to notch a compromise victory in order to feel good about itself.
Paul R Lehto, Juris Doctor