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Subject: 
Re: "The Constitution is what the judges say it is"
Newsgroups: 
lugnet.off-topic.debate
Date: 
Mon, 15 Oct 2001 18:04:47 GMT
Viewed: 
281 times
  
In lugnet.off-topic.debate, Richard Marchetti writes:
Scott writes:
So what does it take to "erode your rights" then?

Well almost any kind of minor legal hassle can have the appearance of
erroding my rights -- including a bill to stop terrorist activities.  The
real test comes in time, tested in the courts, and sometimes even retested
in the courts.  Sometimes public opinion has play in these matters, and
sometimes it does not.  The real test occurs IN TIME.  Bad decisions are
sometimes made, and  thankfully are often corrected later on.

It does not sound all that great when you describe it like that?


But the real source of my rights is not the government nor a piece of paper,
but rather they exist as a set of mere ideas that we generally call "human
rights." The fact that such rights are at least in part enumerated in my
country's liberty documents is not a stop to me in any way -- if anything I
assume that such enumeration acts as a first barrier to protect my rights.
If that doesn't work there are other remedies -- of course, those remedies
are often more difficult to achieve.  But if you think I am sorry to have
things like Title 42, Sect. 1983 at my disposal, you'd be wrong. See:

http://www4.law.cornell.edu/uscode/42/1983.html

That section provides a solution in equity for a redress of grievances more
easily sustained at common law.  That not actually subtle difference bothers
me a little, but it's a solution nonetheless.

Where my government has people by the short hairs is in the ignorance of the
many that might otherwise oppose the madness of the few who manage to
control our lives.  If I wanted to change conditions in the U.S. for the
better without regard to better educating the many, I would look to
reforming our means of exchange (and by reform, I really mean just going
back to what was obviously originally intended in Artcle I, sect. 10 of the
U.S. Constitution).  I think that if you liberate people by placing REAL
wealth in their pockets, most of the rest follows of its own.  When people
have nothing of substance they think nothing of taking from others, be it
actual property or rights -- when they have something to protect, they think
long and hard about whimsically changing things to expedite some short term
goal.

I agree with some of what you say, but at times I think we get too hung up
on property rights.


So, am I the only "troll"?

No, I think we all troll a little bit occasionally.  Because I  sometimes
agree with your views I was hoping to elevate your own mode of expression to
something a little more benign.  I say let your ideas be strong, and your
rhetoric a little less personal.  I am telling you that your good ideas are
being watered down by some of your other behavior, and that's a pity because
you do have good things to contribute.

Thanks again for your comments. I think we *all* have good things to contribute.

Scott A


-- Hop-Frog



Message has 1 Reply:
  Re: "The Constitution is what the judges say it is"
 
(...) Well, that's human history for you then. It's not the case that your country has anything better to offer, I know. It's trial and error, and so on...sometimes justice doesn't come quickly, or even at all. The Constitution is NOT what the (...) (23 years ago, 15-Oct-01, to lugnet.off-topic.debate)

Message is in Reply To:
  Re: "The Constitution is what the judges say it is"
 
(...) Well almost any kind of minor legal hassle can have the appearance of erroding my rights -- including a bill to stop terrorist activities. The real test comes in time, tested in the courts, and sometimes even retested in the courts. Sometimes (...) (23 years ago, 15-Oct-01, to lugnet.off-topic.debate)

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