Free Republic
Browse · Search
News/Activism
Topics · Post Article

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)
[ Post Reply | Private Reply | To 450 | View Replies ]


To: tpaine

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

"Not true. You have a right to make a damm fool of yourself in ANY State" - tpaine

And on Free Republic, as you have thoroughly done in this thread.

You keep your grubby hands off the States you don't live in.


452 posted on 07/27/2004 5:59:36 PM PDT by H.Akston
[ Post Reply | Private Reply | To 451 | View Replies ]

To: tpaine

"Attempts to 'outlaw' consensual sex between adults are "arbitrary & purposeless", hughie."

There are a few exceptions, as in the case of prostitution where if money is traded for consensual sex, it's a crime.

Learn to live with Constitutional (e.g. 10th Amendment) Freedoms, and get your blue nose out of your neighboring states' business.


455 posted on 07/28/2004 4:53:03 AM PDT by H.Akston (No one died in the attack on Fort Sumter)
[ Post Reply | Private Reply | To 451 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson