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Judge finds no right to travel (Katrina)
UPI ^
| 4/3/07
Posted on 04/05/2007 10:55:25 AM PDT by traviskicks
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From other stories:
The Dickersons were among hundreds who tried to flee New Orleans for safety on Sept. 1, but said that police from suburban Gretna confronted them and forced them to turn around. Police later said they blocked the evacuees because there were no supplies or services for them on the other side of the river.
Civil rights activists, many who claimed the law enforcement officers' actions were racist, held two protest marches across the bridge in the months after the hurricane.
"Although the right to interstate travel is clearly established by our jurisprudence, the United States Supreme Court has not decided the question of whether the Constitution protects a right to intrastate travel," U.S. District Judge Mary Ann Vial Lemmon wrote.
To: Abram; akatel; albertp; AlexandriaDuke; Alexander Rubin; Allosaurs_r_us; amchugh; Americanwolf; ...
"...the United States Supreme Court has not decided the question of whether the Constitution protects a right to intrastate travel," U.S. District Judge Mary Ann Vial Lemmon wrote."
Libertarian ping! To be added or removed from my ping list freepmail me or post a message here.
2
posted on
04/05/2007 10:56:54 AM PDT
by
traviskicks
(http://www.neoperspectives.com/Ron_Paul_2008.htm)
To: traviskicks
Once again we see a perfect inversion of the Constitution. It was written as “everything is allowed except what we prohibit here”; it is interpreted in exactly the opposite way.
3
posted on
04/05/2007 10:57:25 AM PDT
by
jiggyboy
(Ten per cent of poll respondents are either lying or insane)
To: traviskicks
so I guess ‘public roads’ aren’t so ‘public’ after all... :)
4
posted on
04/05/2007 10:57:55 AM PDT
by
traviskicks
(http://www.neoperspectives.com/Ron_Paul_2008.htm)
To: traviskicks
Not in the case of a natural disaster, apparently.
5
posted on
04/05/2007 10:59:49 AM PDT
by
1rudeboy
To: jiggyboy
Amen! That is so true.
All rights, except as defined, are retained by the people.
Last time I checked, there was no amendment to the C that we have no right to travel on public roads.
To: jiggyboy
Reminds me of the Jim Crow laws prohibiting Blacks from travelling through or residing in certain communities. Cullman, AL is a prime example. For years no Black could reside within the town limits.
In Plaquemines Parish, Louisiana, it used to be illegal to be Black on Tuesdays.
7
posted on
04/05/2007 11:02:43 AM PDT
by
CholeraJoe
(Hajjis HATE the waterboard! It can turn a clam into a canary so fast Harry Potter would be jealous.)
To: 1rudeboy
yea and i guess gun rights can be violated as well... seems that anything goes as far as expansive government power and intrusiveness during a ‘disaster’.
8
posted on
04/05/2007 11:06:38 AM PDT
by
traviskicks
(http://www.neoperspectives.com/Ron_Paul_2008.htm)
To: jiggyboy
Once again we see a perfect inversion of the Constitution. It was written as everything is allowed except what we prohibit here; it is interpreted in exactly the opposite way. This is actually a different situation. This goes back to the Barron v Baltimore ruling by John Marshall's court that the Bill of Rights only apply to the federal government but not to the state governments.
Most of the Bill of Rights specified in first 8 amendments have been subsequently "incorporated" via the due process clause of the 14th amendment however. (The 2nd amendment and the prohibition against quartering troops have not.)
This highlights the problem with the "incorporation" approach of applying the Bill of Rights to the states since it allows the courts to approach the first 8 amendments as an exhaustive list.
We really do need a constitutional amendment to overturn Barron v Baltimore.
To: RhoTheta
Constitutional Inversion ping.
10
posted on
04/05/2007 11:07:16 AM PDT
by
Egon
("If all your friends were named Cliff, would you jump off them??" - Hugh Neutron)
To: traviskicks
Anarchy is bad even when it involves public roads. The Dickersons had time to get out, didn’t, and then tried after the clock had run out. Their own fault.
To: traviskicks
Is she hat dumb to rule the way she did? The SCOTUS ruled you can travel freely from state to state it should be understood you can travel within the state or am I missing something here?
12
posted on
04/05/2007 11:27:06 AM PDT
by
Shots
(Loose lips sink ships)
To: traviskicks
What? You mean they could have just left the area by road? I thought it was some sort of specialized equipment that was off in Iraq that prevented their departure. /sarc
13
posted on
04/05/2007 11:30:36 AM PDT
by
P-40
(Al Qaeda was working in Iraq. They were just undocumented.)
To: Shots
The SCOTUS ruled you can travel freely from state to state it should be understood you can travel within the state or am I missing something here?Yes, see post #9.
To: P-40
The hundreds of yellow school buses were off limits.
15
posted on
04/05/2007 11:31:58 AM PDT
by
Zon
(Honesty outlives the lie, spin and deception -- It always has -- It always will.)
To: toomuchcoffee
BULL$HIT
The police had no cause to prevent the movement of people out of a disaster area.
16
posted on
04/05/2007 11:54:43 AM PDT
by
Taylor42
To: Taylor42
agreed ....
These people were trying to get out of a disaster area and were PREVENTED from doing so by LEO’s whos job it is to “serve and protect” ... it sickend me when it happened ... and then they tried to blame the people on the bridge ... hell I would have rioted, to get out of there ...
I get angry about some the the crap spouted here ... you framed you answer much nicer than i would have
17
posted on
04/05/2007 12:07:30 PM PDT
by
SubGeniusX
($29.95 Guarantees Your Salvation!!! Or TRIPLE Your Money Back!!!)
To: toomuchcoffee
AnarchyMartial Law is bad. even when it involves public roads. The Dickersons had time to get out trouble getting out, didnt, and then tried after the clock had run out were prevented from doing so by people that are sworn to "serve and protect". Their own fault The fault ill trained LEOs that forgot what they are employed for.There I fixed it for you.
I would take Anarchy over Martial Law any day.
18
posted on
04/05/2007 12:17:31 PM PDT
by
SubGeniusX
($29.95 Guarantees Your Salvation!!! Or TRIPLE Your Money Back!!!)
To: JeffAtlanta
This goes back to the Barron v Baltimore ruling by John Marshall's court that the Bill of Rights only apply to the federal government but not to the state governments.If a 'Right' is inalienable, granted by the Creator, is it wrong to assume that a state cannot revoke it?
To: jiggyboy
Once again we see a perfect inversion of the Constitution.You've got it backwards. What part of the 10th Amendment do you not understand.
20
posted on
04/05/2007 12:25:11 PM PDT
by
PAR35
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