Subject:
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Re: Bad day for individual rights
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Newsgroups:
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lugnet.off-topic.debate
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Date:
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Mon, 21 Jun 2004 16:58:10 GMT
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Viewed:
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717 times
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In lugnet.off-topic.debate, Frank Filz wrote:
> Hmm, a bunch of Supreme Court decisions today...
>
> http://www.cnn.com/2004/LAW/06/21/scotus.police.id/index.html
> http://www.cnn.com/2004/LAW/06/21/scotus.hmos.ap/index.html
>
> Frank
I don't have an opinion on the second ruling -- it seems OK (without reading the
laws in question), but I do disagree with the first. In 1906, in _Hale v.
Henkel_, the court wrote:
"The individual...owes no such duty [to submit his books and papers for an
examination] to the State, since he receives nothing therefrom, beyond the
protection of his life and property. His rights are such as existed by the law
of the land [Common Law] long antecedent to the organization of the State, and
can only be taken from him by due process of law, and in accordance with the
Constitution. Among his rights are a refusal to incriminate himself, and the
immunity of himself and his property from arrest or seizure except under a
warrant of the law. He owes nothing to the public so long as he does not
trespass upon their rights."
which is a decision that I value. These decisions from the couter seem to
counter each other.
But there is a bright side. It was very close and that with a pretty
conservative bench. Just a little more balance and it would have been found the
other way. The pendulum will swing back, and hopefully next time, Stevens will
write for the majority.
Chris
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Message has 1 Reply:
 | | Re: Bad day for individual rights
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| "Christopher Weeks" <clweeks@eclipse.net> wrote in message news:Hzo4Gy.11KG@lugnet.com... (...) reading the (...) I guess the 2nd decision is more of a state's rights issue. But it should be an individual rights issue. Why do state or federal (...) (20 years ago, 21-Jun-04, to lugnet.off-topic.debate)
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