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To: IronJack

Like many things, the “presumption” originates from English jurisprudence, and has been a part of that system for so long, that it is considered common law and a right.

Any case challenging the Constitutionality of the “presumption” in the Supreme Court would probably be voted down at least 5 to 4

The concept is embodied in several provisions of the Constitution such as the right to remain silent and the right to a jury.

Another concept not in the Constitution, but has been upheld as a Constitutional right is interstate travel.

There is no “Right” to travel between the states in the Constitution. It does not contain the word “travel” in any context, let alone an explicit right to travel (except for members of Congress, who are guaranteed the right to travel to and from Congress).

But, the Supreme Court has said, “The constitutional right to travel from one State to another . . . has been firmly established and repeatedly recognized.” United States v. Guest, 383 U.S. 745,

The same goes for the presumption of innocence.


15 posted on 04/23/2012 12:42:46 PM PDT by Sasparilla
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To: Sasparilla

“The constitutional right to travel from one State to another . . . has been firmly established and repeatedly recognized.”

(Just as long as you don’t land in Newark, JFK or LaGuardia with a handgun in your checked baggage/s;)


22 posted on 04/23/2012 8:54:29 PM PDT by Frank_2001
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