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Sun Mar 15, 2015, 09:55 AM

A question and why I avoid using terms like... [View all]

...1st, 2nd, 4th, etc. Amendment Rights:

- Certain parties will infer that those rights derive from the named clause. I characterize such inferences as Bullshit. The Bill of Rights, in the 9th Amendment, explains that references to certain rights in the Constitution "shall not be construed to deny or disparage others (rights)". The BoR makes it unarguably clear that rights exist outside, apart from and without the benefit of the Constitution.

- Often, cases in court are brought that seek to define a right by the wording of a certain Amendment and by examining the scope the named protections.

- Rights are attributes of the people, they are exercised by individuals acting alone or in groups and principally require respect from others acting alone or in groups (such as governments and agencies thereof).

- Emphasis mine:
"THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz."


Regarding the freedom of speech: I suggest that the breadth and bounds of the right protected cannot be inferred and are not implied by the 1st Amendment. The various courts have ruled that laws known as "prior restraint" are unconstitutional.

https://www.law.cornell.edu/wex/prior_restraint

Should other rights have analogous protections as well?

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discntnt_irny_srcsm Mar 2015 OP
merrily Mar 2015 #1
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merrily Mar 2015 #5
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merrily Mar 2015 #8