Friday, April 25, 2003

More on Santorum

This from Jonah Goldberg at TownHall.com: "I think sodomy laws may well be constitutional. Since I'm not a big believer in a "living Constitution," the fact that they've been constitutional for decades makes me think they're still constitutional."

Jim Crow laws were along for a long time, and now most people understand that it was proper to renounce those laws as unconstitutional. Yet in defending the constitutionality of the sodomy laws (he later writes that he opposes these laws, but not on constitutional grounds), Goldberg falls into the typical conservative trap--he doesn't argue from fact, he argues from tradition. Intellectually, tradition has no bearing on an issue--either a thing is true and proper by the facts, or it is not.

A fallacious argument, even if held for a long time, is still a fallacious argument.

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