Powergamz1
Posts: 1927
Joined: 9/3/2011 Status: offline
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The anachronistic argument if applied to the entire Bill of Rights would limit its 1st amendment freedom of the press to white men with hand cranked printing presses. The 8th could only stop the government from using cruel and unusual punishments of the day, but modern torture devices would be beyond its purview. The police could use polygraphs, fortune tellers, or any other magical method to produce 'evidence'of guilt, since Frye would be out. And of course, the 4th would be limited as well... so no warrant would be needed to search any electronic communication or device. The trouble with the anachronistic assertion is that nowhere is there a shred of evidence to suggest that the Framers intended the amendments to be sacred documents frozen in time, or to be interpreted dogmatically, like Scripture... and much evidence to the contrary.
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"DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment" Anthony McLeod Kennedy " About damn time...wooot!!' Me
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