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Reply #63: You: "They are not saying that there is no affirmative duty on the government to protect citizens" [View All]

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jody Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-07-09 08:40 AM
Response to Reply #62
63. You: "They are not saying that there is no affirmative duty on the government to protect citizens"
but you quoted "its language cannot fairly be extended to impose an affirmative obligation on the state to ensure that those interests do not come to harm through other means."

I don't understand, SCOTUS clearly says there is no "affirmative obligation" but you assert "They are not saying that there is no affirmative duty".

Do you contend that the word "duty" that you use is in no way related to "obligation" that SCOTUS uses?

Obligation: “1: a promise, acknowledgment, or agreement (as a contract) that binds one to a specific performance (as payment)”

Duty: “1: tasks, service, or functions that arise from one's position”
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