Constitutional Rights

Started by Sick Of Silence, October 07, 2018, 02:03:50 PM

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Sick Of Silence

We have Constitutional Rights, such as First and Second Amendments.

For example, we have the right to bear arms. But, why are we giving states the power to infringe on those rights? If counties/cities, and states are restricting are Second Amendment, doesn't it have the same effect (for the people who have to live there)? If all counties/cities, and states do the same thing, it will have the same effect as a Constitutional Amendment.

Same thing with the freedom of speech. If we allow so-called "private businesses" like social media platforms to infringe on that right, it's having the same effect.

We don't want the federal boot on our heads, but the state boot isn't sounding that much better.
With all these lawyers with cameras on the street i'm shocked we have so much crime in the world.

There is constitutional law and there is law and order. This challenge to law and order is always the start to loosing our constitutional rights.

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Possum

Quote from: Sick Of Silence on October 07, 2018, 02:03:50 PM
We have Constitutional Rights, such as First and Second Amendments.

For example, we have the right to bear arms. But, why are we giving states the power to infringe on those rights? If counties/cities, and states are restricting are Second Amendment, doesn't it have the same effect (for the people who have to live there)? If all counties/cities, and states do the same thing, it will have the same effect as a Constitutional Amendment.

Same thing with the freedom of speech. If we allow so-called "private businesses" like social media platforms to infringe on that right, it's having the same effect.

We don't want the federal boot on our heads, but the state boot isn't sounding that much better.
The scotus has overturned many state laws which went against the constitution. District of Columbia v. Heller was one of the latest I remember. Granted, the scotus does pick and choose as they wish and can not review all laws. Add to that the liberals judges who do review and do not care about the constitution and it does look as if the states can enact any law they choose, but the scotus does have the final say.

Solar

This has always been a point of contention for me.
The States signed on and agreed to our Founding Documents, had they not, we wouldn't be the Republic we are today.
Point being, the States agreed to the Bill of Rights and stated they would protect it over an oppressive govt.

So where was it stated the States have the right to minimize said individual Rights?
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Possum

Quote from: Solar on October 07, 2018, 06:34:20 PM
This has always been a point of contention for me.
The States signed on and agreed to our Founding Documents, had they not, we wouldn't be the Republic we are today.
Point being, the States agreed to the Bill of Rights and stated they would protect it over an oppressive govt.

So where was it stated the States have the right to minimize said individual Rights?
in my humble opinion, States minimize our rights thru liberal judges. Amendment x basically states Federal law tops States law but reality tells us a liberal judge can top the constitution. Ex. right to keep and bare arms, but not in Chicago, D.C., California,ect. Before the scotus overturned the D.C. law, a liberal federal judge upheld it.

https://constitutioncenter.org/interactive-constitution/amendments/amendment-x

ConservativeInCT

I think this raises some serious questions about the states legality and right to impose on our amendments. I know here in Connecticut we have some of the strictest gun laws in the entire country. It makes it very hard to buy a gun here and even harder to maintain its ownership. I do not own a gun but I do know that if I wanted to, I would have to pass various background checks as well as mental health tests and other extra measures before I could aquire one. You can also thank Sen. Bloomenthal and Murphy of Connecticut for pushing these state by state gun laws. Its sad to watch.

Solar

Quote from: s3779m on October 08, 2018, 12:06:06 AM
  in my humble opinion, States minimize our rights thru liberal judges. Amendment x basically states Federal law tops States law but reality tells us a liberal judge can top the constitution. Ex. right to keep and bare arms, but not in Chicago, D.C., California,ect. Before the scotus overturned the D.C. law, a liberal federal judge upheld it.

https://constitutioncenter.org/interactive-constitution/amendments/amendment-x
This reflects back on our so called Representatives in the gop'E, the very people who conceded much of our rights to the left.
They are the reason we're in the mess we're in today, they refused to do the job they were elected to do. Sure, the left pushes their agenda constantly, just like the pedophile stalks a child, so as adults, they had a responsibility to protect and failed miserably.

It's reasons such as this is why TEA is still alive and winning the battle against the leftist GOP.
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Possum

Quote from: Solar on October 08, 2018, 07:06:10 AM
This reflects back on our so called Representatives in the gop'E, the very people who conceded much of our rights to the left.
They are the reason we're in the mess we're in today, they refused to do the job they were elected to do. Sure, the left pushes their agenda constantly, just like the pedophile stalks a child, so as adults, they had a responsibility to protect and failed miserably.

It's reasons such as this is why TEA is still alive and winning the battle against the leftist GOP.
and Trump is getting our courts back one judge at a time. How fantastic many of today's problems are getting solved daily. I can not wait for 2020 to  vote for Trump instead of against someone.

Solar

Quote from: s3779m on October 08, 2018, 07:49:25 AM
and Trump is getting our courts back one judge at a time. How fantastic many of today's problems are getting solved daily. I can not wait for 2020 to  vote for Trump instead of against someone.
I know, there is soooo much to celebrate. :thumbsup:
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midcan5

Law is the function of our legislatures and not the courts. Today congress has forfeited its duties and relied on the courts to make law. They appear fearful that if they do something controversial or complex they will lose their cushy job. Great read below.

"America would enter an age very much like the first Lochner Era*, when the Court claimed the right to censor laws, regardless of whether they had a legal basis to do so. "  'Injustices: The Supreme Court's History of Comforting the Comfortable and Afflicting the Afflicted'  Ian Millhiser

https://www.goodreads.com/book/show/22715946-injustices


https://en.wikipedia.org/wiki/Lochner_era

"Equality before the law is probably forever unattainable. It is a noble ideal, but it can never be realized, for what men value in this world is not rights but privileges." H. L. Mencken
Wanna make America great, buy American owned, made in the USA, we do. AF Veteran, P-type: Advocate INFJ-A, liberal - conservative.

Possum

Quote from: midcan5 on October 09, 2018, 04:47:40 AM
Law is the function of our legislatures and not the courts. Today congress has forfeited its duties and relied on the courts to make law. They appear fearful that if they do something controversial or complex they will lose their cushy job. Great read below.

"America would enter an age very much like the first Lochner Era*, when the Court claimed the right to censor laws, regardless of whether they had a legal basis to do so. "  'Injustices: The Supreme Court's History of Comforting the Comfortable and Afflicting the Afflicted'  Ian Millhiser

https://www.goodreads.com/book/show/22715946-injustices


https://en.wikipedia.org/wiki/Lochner_era

"Equality before the law is probably forever unattainable. It is a noble ideal, but it can never be realized, for what men value in this world is not rights but privileges." H. L. Mencken
personally I see the bigger problem as being laws passed which violate the constitution.  Congress creating no laws does not bother me. Liberal judges are going to ignore the constitution regardless of what Congress passes or not. Trump is changing all of this for the better.

Solar

Quote from: s3779m on October 09, 2018, 07:06:35 AM
personally I see the bigger problem as being laws passed which violate the constitution.  Congress creating no laws does not bother me. Liberal judges are going to ignore the constitution regardless of what Congress passes or not. Trump is changing all of this for the better.
So true.
Chipping away, bit by bit. It's how the Marxists have eroded our Rights over the decades, like boiling a frog alive.
The process has been slow enough, each successive generation never observes the change.
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Individual

The Supremacy clause should be recognized as what denies States from making laws which nullify rights entitled us in the U.S. Constitution.