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To: JT Hatter

Ah, now here we arrive at an entirely different matter than what powers are delegated to the federal government.

In Article 4:Section 2:Clause 1 we find the Constitution requiring the several States to honor the Privileges and Immunities of the citizens of the several States.

Now, arguments about natural law or English Common Law aside I can absolutely guarantee you that this body of rights that existed among all the several States when the Constitution was ratified does NOT include any privilege or immunity that was illegal in any of the several States at the time the Constitution was ratified.

So it is clear that for instance that there is no P&I for a man and woman to have sex outside of marraige, there being laws on the books among some of the States when the language was ratified forbidding such (even if not always enforced). Likewise, there is no P&I to ever engage in homosexual acts.

So it really isn’t hard to say what these P&I are NOT.

Saying what they are is trickier ... unless you recall that the legal standard common to the States when the Constitution was ratified is that all things are generally legal unless they are forbidden.

This is the opposite of the present attitude that all things are unlawful unless permitted, licensed, or regulated.

The above was not, as some may want to cast it, a great tyranny because it amounted to no more than demanding the several States to keep on doing at least what they had been doing, and didn’t amount to any move to federalize civil rights (which even the 14th Amendment did not do despite lawless claims to the contrary, but that’s another story).

As for the right to choose your associations in your private affairs, as in your personal or business life aside from being an actual State Actor doing that job (a judge, Sherriff, legislator, or administrator or things like that there), which was a feature under common and especially under natural law, this would certainly be a right the several States must respect under the Constitution.

As for the federal the comparable language to A4:S:2:C1 is the 9th Amendment which, in speaking of rights retained by the people must be speaking of rights retained by them at the time.

By simple process of elimination, there being no other body of rights common among the several States besides our P&I so the other rights retained and the P&I mentioned in A4:S2:C1 must be one and the same.

Thus the federal too should honor the right of freedom of association ... but is under no obligation under the Constitution to honor anything that was forbidden by any of the several States when they ratified the Constitution.

The proper way to address issues arising from the lack of federal common law, which is to say that judge made law in not constitutional in this nation despite the high handed lawlessness of the Courts since the early 20th, is the amendment process and only the amendment process.


8 posted on 10/28/2016 4:58:56 PM PDT by Rurudyne (Standup Philosopher)
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To: Rurudyne

Darn double posts....


9 posted on 10/28/2016 4:59:23 PM PDT by Rurudyne (Standup Philosopher)
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