sudden valley gunner
Regular Member
The thing all the private property maximalists I've ever spoken with seem to miss, is that I am also private property. My property. No matter where I am standing at the moment, I own my shoes. I own my hair. If I walk onto your land with something in my pocket, that item remains mine no matter who owns the land I'm standing on.
Your rights to your private property end where they begin to infringe on my own rights to my private property. Yes, you can demand I leave your property. But you can't force me to submit to a search or leave the contents of my pockets out on the street.
But there are laws that govern both of us. You can't kick someone off your land because he's black. I can't keep illegal drugs in my pockets. Private property laws and the constitution would seem to indicate that we could each do whatever we want with our private property, but that's simply not how it works.
And they shredded the constitution in creating protected classes.
Id rather know who the homophobic, bigoted, jerks are so I and my family don't spend our money there.
Napolitano is mostly very anti positivist. He strongly opposes the anti liberty idea that laws properly enacted are laws we must obey. He is mostly very libertarian, I struggle back and forth on this specific opinion of his, but would rather rule in favor of private property owners setting their own rules, because once you start down that line, you open the door (it is already open) for more and more intrusion into private lives and business of the population.