Con Law - Lesson 1 "The Preamble"

AssHatZombie said:
yes. there is.

powers not expressly given to the federal governement are reserved for the states or for *gasp* the PEOPLE. populism.
Click to expand...

The 10th does not say "expressly given." It says "... powers not delegated to the United States by the Constitution..."

The Constitution grants some powers to the central government that are not "expressly" written into the document, such as the implied powers that are necessary and proper for carrying out the delegated powers.
 
AssHatZombie said:
yes. there is.

powers not expressly given to the federal governement are reserved for the states or for *gasp* the PEOPLE. populism.
Click to expand...

There is nothing in the Constitution giving the federal government power to regulate immigration. Does that mean they don't have that power?
 
Flash said:
The 10th does not say "expressly given." It says "... powers not delegated to the United States by the Constitution..."

The Constitution grants some powers to the central government that are not "expressly" written into the document, such as the implied powers that are necessary and proper for carrying out the delegated powers.
Click to expand...

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
 
AssHatZombie said:
yes. there is.

powers not expressly given to the federal governement are reserved for the states or for *gasp* the PEOPLE. populism.
Click to expand...

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
 
Jarod said:
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Click to expand...

What others are retained by the people?

I always assumed this was just a statement of principle until the court found a right to privacy in Griswold, Roe, and Lawrence as it applies to contraceptives, abortion, and sodomy.
 
Flash said:
What others are retained by the people?

I always assumed this was just a statement of principle until the court found a right to privacy in Griswold, Roe, and Lawrence as it applies to contraceptives, abortion, and sodomy.
Click to expand...

The common ideas is "unalienable rights" but both the Democrats and Republicans say that ain't so. Both parties seek to deprive Americans of their rights.
 
Yakuda said:
I don't think anyone would be killed unless they lose a direct threat to someone else's life. Commie assholes and traitors are stupid not dangerous.
Click to expand...
You're obviously not a vet. Why did you choose to never serve? Too busy? Unqualified?
 
Flash said:
Determining what right is "inalienable" seems rather subjective.
Click to expand...

It's everything except harming another which takes away their unalienable rights.

Why do we need government? The same reason for an HOA; To protect the group? To resolve disputes within the group?

It's why you shouldn't have a right to tell me how many guns I can own or how often I can shoot them but anything I do that endangers others is not a right I or anyone else should possess. A town can ban shooting guns in the city or even waving them around without good cause. A state can ban a company from dumping poison into the drinking water.

It's wrong to forcibly inject someone but requiring a vax to get into a town or other public building if up to the citizens. Businesses have a responsibility to their employees and customers.

https://www.archives.gov/founding-docs/declaration-transcript
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed
 
Dutch Uncle said:
It's everything except harming another which takes away their unalienable rights.

Why do we need government? The same reason for an HOA; To protect the group? To resolve disputes within the group?

It's why you shouldn't have a right to tell me how many guns I can own or how often I can shoot them but anything I do that endangers others is not a right I or anyone else should possess. A town can ban shooting guns in the city or even waving them around without good cause. A state can ban a company from dumping poison into the drinking water.

It's wrong to forcibly inject someone but requiring a vax to get into a town or other public building if up to the citizens. Businesses have a responsibility to their employees and customers.

https://www.archives.gov/founding-docs/declaration-transcript
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed
Click to expand...

That still seems somewhat vague. Is it harming others if I use cocaine which leads to criminal activities? I know the crimes can be punished, but can the use of the cocaine be prohibited because it leads to crime?

Are these still inalienable rights if we have a government which abridges these rights? If I cannot exercise my rights it seems meaningless to say they are inalienable.
 
Jarod said:
I agree that they restrained government, but it also enabled government. There is really no basis in the document for your claim that if they didn’t specifically enable it it’s not allowed, Just like there’s no basis for claiming if they didn’t prohibit it’s not prohibited.
Click to expand...

the constitution is a legal document. you should understand the term legal and document. Imagine being a lawyer making an argument in court that your client should be able to do some things that are not actually in the contract, but it doesn't specifically exclude them.........how many judges would laugh you out of the courtroom?
 
SmarterthanYou said:
the constitution is a legal document. you should understand the term legal and document. Imagine being a lawyer making an argument in court that your client should be able to do some things that are not actually in the contract, but it doesn't specifically exclude them.........how many judges would laugh you out of the courtroom?
Click to expand...

You're talking to a special kind if wing nut there
 
Flash said:
That still seems somewhat vague. Is it harming others if I use cocaine which leads to criminal activities? I know the crimes can be punished, but can the use of the cocaine be prohibited because it leads to crime?

Are these still inalienable rights if we have a government which abridges these rights? If I cannot exercise my rights it seems meaningless to say they are inalienable.
Click to expand...

Why is cocaine illegal in the first place? How did Prohibition work out for everyone? LOL

If you commit a crime against another it's still a crime. Does hit matter that you shot someone for their money to feed your cocaine habit, for the color of their skin/religion/gender or their politics? It's a crime to harm another. Period.
 
You must log in or register to reply here.
Back
Top