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To: tpaine

"'Majority will' does not decide what our rights are, hughie. We ALL have the same inalienable rights to life, liberty, & property in every State in this Union."

In some states, like in WV, you don't have the right to be a prostitute. Is this a violation of inalienable rights? Or was that right taken away by "due process"?


450 posted on 07/27/2004 9:53:34 AM PDT by H.Akston
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To: H.Akston
Majority will' does not decide what our rights are, hughie. We ALL have the same inalienable rights to life, liberty, & property in every State in this Union.

In some states, like in WV, you don't have the right to be a prostitute.

Not true. You have a right to make a damm fool of yourself in ANY State. -- And when you violate a constitutional law, you pay the price.

Is this a violation of inalienable rights? Or was that right taken away by "due process"?

In its discussion of the scope of "liberty" protected by the Due Process Clause of the Fourteenth Amendment the USSC once stated:

"Neither the Bill of Rights nor the specific practices of the States at the time of the adoption of the Fourteenth Amendment marks the outer limits of the substantive sphere of liberty which the Fourteenth Amendment protects."
See U.S. Const., Amend. 9.

As the second Justice Harlan recognized:
     "The full scope of the liberty guaranteed by the Due Process Clause `cannot be found in or limited by the precise terms of the specific guarantees elsewhere provided in the Constitution.
This `liberty´ is not a series of isolated points pricked out in terms of the taking of property;
the freedom of speech, press, and religion;
the right to keep and bear arms;
the freedom from unreasonable searches and seizures; and so on. 
It is a rational continuum which, broadly speaking, includes a freedom from all substantial arbitrary impositions and purposeless restraints" . .

Attempts to 'outlaw' consensual sex between adults are "arbitrary & purposeless", hughie. -- Learn to live with our constitutional freedoms.
Get your blue nose out of your neighbors business.

451 posted on 07/27/2004 11:48:14 AM PDT by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
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