#shooter said:
It is neither practical nor logical to have limitless rights.
“
Shall not be infringed” is pretty absolute in the Second Amendment whereas the concept that
no warrants without probable cause shall be issued unless supported by oath and describing the full scope of the infringement shows where that particular right can be infringed. There’s a difference, all it takes is a little reading and some comprehension.
The fact is there are limits on many rights. Here are some examples:
I always loved this game, I am surprised you did not resort to the “
fire in a crowded theater” argument.
First Amendment- There is no mention that free speech must be truthful. Are you saying my free speech includes publishing lies about you and your affairs as truth? What if my lies cause financial hardship, injury or death? I guess it’s too bad for you. It’s my right to say what I want no matter the consequences??? Do corporations have the right to falsely advertise? If it is 100% free speech or nothing. According to nineseven, businesses have the right to falsely advertise.
You have the right to free speech, but your rights end where someone else’s begin. You may not use your rights to commit or otherwise engage in criminal acts or injure others (this includes their reputation). It is not illegal to tell a lie, unless you have engaged in a contract or legally binding agreement to divulge only the truth. But, the simple fact that someone
may tell a lie is not cause to restrict people from communicating at all, or from communicating about things that some might lie about or use to injure others or engage in criminal enterprises. You’re comparing apples to oranges here and falling way short of logical. Owning a fully automatic weapon is not infringing on the rights of anyone else, neither is owning a dictionary, possessing a vocabulary or having the means to communicate. You may not use a firearm to threaten someone, intimidate them, coerce them to degrade their own character or the character of others. You may not use speech to threaten someone, intimidate them, coerce them to degrade their own character or the character of others. This is all covered and provided for, there is no true scope to limit the possession of fully-automatic firearms, only their use to infringe on the rights of others or to engage in criminal enterprises, which is where the law stands for all firearms and all manners of inanimate objects, actions and freedoms.
Second Amendment – As the previous posters indicated, I guess we can all own nuclear weapons and missile launchers?
Again, this issue is covered by the founders, I suggest you read up on it.
Fourth Amendment- Technically you should not have an expectation of privacy from the government or anyone else, because privacy is not specifically mentioned, it is implied via the courts. According to nineseven's logic: Wire tapping is ok. Monitoring your financial records is ok. Monitoring your web browsing is ok. Should your employer/wife/ex-wife/insurance company know what web sites you looked at this month?
I have no idea what you’re trying to say here, have you read the Fourth Amendment? :banghead:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
That covers wire tapping and monitoring your financial records. The constitution is a contract between the federal government and the free people of this republic, you knew that, right?
Privacy laws, separate from the constitution cover what private entities (your employer, your neighbor, a stranger) may or may not do in regards to each other and their property (as in employers monitoring your private affairs, and there are some gray areas there, which have just about nothing to do with the Fourth Amendment).
Do you understand one iota about the subject you’re trying to engage in or are you just playing Devil’s Advocate here?
Read up:
http://caselaw.lp.findlaw.com/data/constitution/amendment04/
Eighth Amendment- I suppose by nineseven's argument nineseven is against the death penalty and harsh prison sentences. No cruel or unusual punishment, no exceptions.
The term "unusual" has been in debate since the ratifying of the amendment, however, it is well documented that things such as capital punishment do not fit the definition of “unusual” as they had been used throughout our history and had long been considered a regular means of punishing certain crimes. As to whether or not it is “cruel” to kill as a part of the justice system, that has been largely resolved via case law in this country and I cannot say that it is anymore “cruel” than life imprisonment (e.g. having one’s liberty stripped for such a long period of time) and since the death penalty was resolved as a fitting punishment particularly for murder and other crimes of gross malice, I find little trouble in accepting the decision that case law has provided; which is that capital punishment is neither cruel nor unusual when it fits the severity of the crime (e.g. homicide). Under your logic here, long periods of incarceration might as well be abolished as well as depriving one of the liberty bestowed upon them at their creation is certainly cruel, perhaps not unusual, but definitely cruel if we ignore the entire concept of our justice system and the intent of the Eight Amendment.
Have fun reading:
http://caselaw.lp.findlaw.com/data/constitution/amendment08/03.html#1
http://caselaw.lp.findlaw.com/data/constitution/amendment08/05.html#1
http://caselaw.lp.findlaw.com/data/constitution/amendment08/06.html#1
If we allow these rights to go unfettered our society would implode. That is why we have a balance of power and our government is of the people to find that balance between rights of the individual and the good of society as a whole.
The rights of the individual are supposed to come first, which is the concept behind the Bill of Rights. The BoR is for the people to have a standard to keep the government to where the rights of the free people of this republic come first, if a federal law violates our rights, it is unconstitutional no matter what the “good of society” says. You have a very poor understanding of the subject matter at hand, which is where I think this disagreement comes from. However, neither your parents’ tax money, nor your money subsidizes my paycheck, so hopefully the links I have provided and perhaps some desire to learn more will drive you to educate yourself, I’m not about to spend my free time doing it for you. Good luck in your intellectual travels.