General Discussion

jberryhill

(62,444 posts)

24. That's an absurd generalization

Thu Jan 31, 2013, 12:11 PM

Jan 2013

Before Gideon v. Wainwright in 1963, the Constitutional guarantee of assistance of counsel was essentially meaningless. Prior to Miranda and its progeny, the 5th amendment was essentially meaningless. Arrests which violate the 4th amendment are thrown out in courts every day.

How many cases got thrown out on 4th amendment grounds in, say, 1900, 1920, 1950? About none. It happens every day. It happens so often that you don't hear about it.

The first phase of just about any criminal case going to trial consists of a whittling down of what evidence is going to be admissible. That is routine. It was most certainly not routine in the past.

Pick a year - any year you like - in US history when we existed in this idyllic wonderland of not having "whittled down" rights. Just pick one and stick with it.

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When did the Second Amendment become holy scripture? [View all] Aristus Jan 2013 OP

Why not ask the same about the 1st? Puzzledtraveller Jan 2013 #1

That was the whole point of the OP. The First Amendment is infringed all the time Aristus Jan 2013 #5

We accept them as idealogical correct? Puzzledtraveller Jan 2013 #9

Sure there are laws, but IMO, the wrong kinds of laws. Aristus Jan 2013 #12

If you live in eastern Alaska One_Life_To_Give Jan 2013 #19

No rights are absolute. NONE. Not even the right to life - look at our very legal kestrel91316 Jan 2013 #30

I kow, a relic of colonial days that was never intended to be interpreted the joeybee12 Jan 2013 #2

So you posted this hoping for a Gun Troll Attack - baiting I think the term is? Why? el_bryanto Jan 2013 #3

Thursday is never a slow day at work. In fifteen minutes, I'll be moving so fast, Aristus Jan 2013 #6

You must really hate those gun trolls - are you worried your hatred blinds you? el_bryanto Jan 2013 #7

What am I being blinded to? The beautiful, life-affirming things you can do with guns? Aristus Jan 2013 #10

Yeah those Democratic Underground Gun Trolls are just punishing themselves el_bryanto Jan 2013 #13

I didn't say they were beneath my notice. If they were, I wouldn't have noticed them. Aristus Jan 2013 #16

See if i didn't notice that sarcasm tag I'd think you were suggesting that el_bryanto Jan 2013 #20

So true, Aristus. A sneeze will bring them out... sheshe2 Jan 2013 #11

I had to sign my life away to get Aleve-D RockaFowler Jan 2013 #17

Amazing isn't it! sheshe2 Jan 2013 #21

Don't even get me started on pseudoephedrine!! Bake Jan 2013 #32

Because it is signed by none other than Jesus H. Christ: LeftinOH Jan 2013 #4

The "H" stands for "Hollowpoint." (nt) Robb Jan 2013 #23

Don't you know the history of the Constitution jberryhill Jan 2013 #8

That's funny! fleur-de-lisa Jan 2013 #22

That is an amazing photograph! Bake Jan 2013 #33

I don't know of anybody of any consequence who believes it describes an absolute right Recursion Jan 2013 #14

I've kind of been making this point lately...our "rights" have been picked apart so much it's become dkf Jan 2013 #15

That's an absurd generalization jberryhill Jan 2013 #24

Not necessarily based on changes in time, but whittled down in practice. dkf Jan 2013 #25

They didn't even apply to the states until the 14th Amendment jberryhill Jan 2013 #27

THE 2ND AMENDMENT ALLOWED THE SOUTHERN SLAVEMASTERS TO KEEP SLAVES IN LINE. swayne Jan 2013 #18

1977 after a coup gave control of the NRA to the crazies....n/t Sekhmets Daughter Jan 2013 #26

Firearms are made to protect life. ileus Jan 2013 #28

Or not. In fact, most are made to take life. jmg257 Jan 2013 #29

Firearms do not protect life. They take it. A threat to use a firearm may protect, kestrel91316 Jan 2013 #31

When they found an interpretation of it that spelled out for unregulated for-profit money making Johonny Jan 2013 #34

December 1791 Hangingon Jan 2013 #35