luckydog1 -> RE: Supreme Court Looks at Gun Ownership (3/19/2008 1:50:55 PM)
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DC "That raises the interesting and probably unanswerable question of whether the framers of the Bill of Rights intended the rights enumerated to taken absolutely literally." BY absolutly literaly, I assume you mean ridicuously. I am sure they literally meant them. And intended the areas where they are in conflict to be settled by the court system they created in the same document. Right to speak vs right to hurt someone else with lies, for example slander. Having to face consequences for ones free choices does indeed influence the choices. But does not eliminate them. You can say any slanderous/libelous thing you want. No law can stop you. A civil lawsuit can force you to pay damages, if it is shown in court that you were intentionally lying to cause real harm to someone, after you have spoken. No where in the constitution does it say that rights can be exercised with impunity, infact the whole document seems to be geared towards rational exercising of rights within a legal framework. "Maybe a better question would be whether the U.S. had the right to forbid Mormons from practicing polygamy Yes, Marriage is a civil instittuion and the democratic process can make any laws regarding that it likes. or if an administration should be allowed to forbid scientists working for it to make certain statements in public. Yes, if they are speaking as agents of the Administrtion, they have to function as such. They are also free to complain about it, speak anyway and take the consequnces, or quit" "What I'm trying to get at, clumsily, is that we do indeed seem to accept some limits on the literal, absolute language used in the Bill of Rights." Yes, we do,because rights come into conflict, and we have a branch of Government (the judiciary) to settle the issue when rights come into conflict. Which is a far cry from saying the rights simply do not exist anymore, as you seem to be advocating. "Hasn't the Constitution suffered enough lately?" Whats with the when did you quit beating your wife type question? Can you not frame your argument with out it? You seem to be arguing that we should just throw away a right, because it is out of date.
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