Posted on 06/12/2002 11:57:24 PM PDT by Cultural Jihad
Edited on 04/12/2004 5:38:44 PM PDT by Jim Robinson. [history]
VICTORVILLE, Calif. (AP) - A man described by a judge as "an evil monster" was sentenced to 25 years in prison for using a baseball bat, metal pipe and golf club to attack a 12-year-old Halloween trick-or-treater on his doorstep.
(Excerpt) Read more at sacbee.com ...
Millions of people enjoy that right, especially in summer.
Where does the right to vote in public elections come from?
Arrest, trial, imprisonment.
It's far more dangerous than pot
So do you want to outlaw wine?
Wrong.
"We have held from the beginning and uniformly that the Due Process Clause of the Fourteenth Amendment does not apply to the States any of the provisions of the first eight amendments as such. The relevant historical materials have been canvassed by this Court and by legal scholars. These materials demonstrate conclusively that Congress and the members of the legislatures of the ratifying States did not contemplate that the Fourteenth Amendment was a short-hand incorporation of the first eight amendments making them applicable as explicit restrictions upon the States." -- U.S. Supreme Court BARTKUS v. ILLINOIS, 359 U.S. 121 (1959)
Assuming (for the sake of argument) that's true by what measure does one go about determining which activities should be prohibited? Which activities are rights and which are not?
The implication that all activities are "essential liberties" is juvenile nonsense.
Your misinterpretation of Franklin's quote is juvenile nonsense. He's talking about liberty being essential and not which liberties society considers essential.
Please be blunt..
I can provide a link if you are not familiar with it..
To the extent such decisions are made matters of legal regulation, the determinations are made by the legislative process subject to judicial review.
Now, where do you contend that the right to swim in a public pool comes from?
It's not a right. They have the right to swim in their own pool. They do not have the right to swim in a public pool. That right does not exist. They do not own that property, thus no such right exists. It is a privilege. If they do own the property, then the government cannot deny them the right to swim there under any circumstances.
Where does the right to vote in public elections come from?
It is derived from our right to chose our own government eluded to in the declaration of Independence - "governments derive their just powers from the consent of the governed."
Okay.. and your point was?
Those two little amendments are not a grant of power. They are a limitation of it.
...just as the founders supported state laws that prohibited witchcraft, and sodomy...
They also supported slavery. Does that mean we should support slavery?
Nonsense.
Correct. The 14th amendment does not confer any new responsibility upon the states in regard to the bill of rights. The states were already obligated to refrain from infringing upon rights reserved to the people as the tenth amendment states explicitly.
Sure it does and millions of people exercise it yearly.
[Where does the right to vote in public elections come from?]
It is derived from our right to chose our own government eluded to in the declaration of Independence - "governments derive their just powers from the consent of the governed."
We have the right to govern ourselves as a society.
"The catholic principle of republicanism is that every people may establish what form of government they please and change it as they please, the will of the nation being the only thing essential." --Thomas Jefferson: The Anas, 1792.
"The mother principle [is] that 'governments are republican only in proportion as they embody the will of their people, and execute it.'" --Thomas Jefferson to Samuel Kercheval, 1816.
"A government is republican in proportion as every member composing it has his equal voice in the direction of its concerns: not indeed in person, which would be impracticable beyond the limits of a city or small township, but by representatives chosen by himself and responsible to him at short periods." --Thomas Jefferson to Samuel Kercheval, 1816.
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