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To: TChris
"I defy anyone to prove that the founding fathers intended for the US Constitution to protect the production and sale of pornography."


25 posted on 12/09/2004 1:32:53 PM PST by NJ_gent (Conservatism begins at home. Security begins at the border. Please, someone, secure our borders.)
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To: NJ_gent
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

OK... Pornography can be controlled by the states. No protection there.

109 posted on 12/09/2004 2:04:44 PM PST by TChris (You keep using that word. I don't think it means what yHello, I'm a TAGLINE vir)
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To: NJ_gent
I defy anyone to prove that the founding fathers intended for the US Constitution to protect the production and sale of pornography."



Neither of those two amendments protect the use of pornography. They reserve the rights of the states or the people to decide such issues for themselves. In other words, the Constitution, if we were ever to actually honor it, denies the federal government the authority to ban pornography (or almost anything, for that matter) but does not prevent the States or local governments from doing so.

Unfortunately, in recent practice, particularly with the Texas sodomy laws, the Supreme Court has decided that somehow, inexplicably, the Constitution does indeed limit the power of the States in this regard. If you take the argument that the Constitution protects pornography, then you are actually arguing against those two amendments above, rather than for them.
188 posted on 12/09/2004 2:25:48 PM PST by fr_freak
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