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

To: CarolinaGuitarman
Legislatures are not empowered to legislate in areas that the Constitution(s) do not enumerate. That they do restrict people's rights doesn't mean they are being Constitutional doing so.

Agreed they restrict people's rights and they do this with power's granted them under the Constition (or should be - that's why we have a Judicial branch - to make sure legislatures and exuctives follow the rules as laid out in constitutions)

Most of them are rights. The point is, if the Constitution doesn't specify a power to legislate in an area, where does the legislature get the power to do so?

The federal or state constitution which is an agreement between the people and the government.

Instead of looking for individual rights, we should be looking for enumerated government powers, and legislating only within those powers.

I agree in general, however I do think the 13th amendment was necessary to make sure that rights weren't denied based on race because so many insisted slavery was a natural right because it wasn't specifically prohibited or granted.

341 posted on 01/19/2006 11:45:02 AM PST by rhombus
[ Post Reply | Private Reply | To 339 | View Replies ]


To: rhombus
"Agreed they restrict people's rights and they do this with power's granted them under the Constition (or should be - that's why we have a Judicial branch - to make sure legislatures and exuctives follow the rules as laid out in constitutions)"

As long as these powers are enumerated, I have no problem. I do understand that sometimes rights conflict, or that powers are not always clear.

'The point is, if the Constitution doesn't specify a power to legislate in an area, where does the legislature get the power to do so?' (me)


"The federal or state constitution which is an agreement between the people and the government." (you)

But I was saying if the federal or state constitutions don't specify a government power, where does the legislature get the power?

"I agree in general, however I do think the 13th amendment was necessary to make sure that rights weren't denied based on race because so many insisted slavery was a natural right because it wasn't specifically prohibited or granted."

I agree, reluctantly, that certain rights are necessarily enumerated. We have become far too ready to only see our rights though as being what the Constitution says, and letting the Government assume powers that the Constitution does not grant.
345 posted on 01/19/2006 12:09:42 PM PST by CarolinaGuitarman ("There is grandeur in this view of life...")
[ Post Reply | Private Reply | To 341 | 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