A Constitutional Right to Hunt

Georgia did a version of this some years ago, but apparently Kentucky has come up with a twist: ordering regulatory agencies to consider hunting the preferred means of animal control.

The thing about a "personal right to hunt" is that it is one of those rights that require provision from us to you. If you have a personal right to own a firearm, if you want to go and own one you can, but you have to buy it. The state is merely forbidden from making it impossible to exercise that right.

If you have a personal right to hunt, however, that means there must be some way of exercising that right. In Georgia, for example, we have many public lands that are owned by the state and set aside for the purpose of public hunting. I imagine Kentucky has similar lands.

It's not a big deal, since the opportunity costs of such lands are often low, and as they are also useful for many other good public purposes (such as hiking and camping) outside the hunting season. The hunting area in the Dawson Forest, bordered by the Amicalola river, is a beautiful place. I've never gone hunting there, but I've hiked the river many times.

Still, it's an interesting point because it's one of the few so-called "positive rights" that conservatives generally support.

19 comments:

douglas said...

I suppose the argument would be that it isn't a positive right in isolation, but that it's an extension of ones right to life, as sustenance is required for life, and hunting might be ones sustenance.

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