Dixie - In Memoriam
New member
Right. So we do pick and choose.
...it's not abolishing the first amendment, it's just modulating who it applies to, like in the prisoner instance.
No we don't actually. What we do is, remove all Constitutional rights from prisoners... they have been granted "HUMAN" rights, and indeed we have stretched those to include some rights which are also found in the Constitution, but someone convicted and sentenced is stripped of all Constitutional freedoms, that is what prison is all about. This is a punishment for a citizen convicted for doing something wrong, that is why it is an exception. We typically do not parse Constitutional rights and freedoms to law-abiding, non-convicted citizens.
Okay, let me illustrate why it doesn't work... why the Constitution can't be like a Cafeteria Plan... why we can't selectively choose which rights to apply to which people....
We allow the 4th Amendment to apply to a Gitmo detainee, and he is given his "day in court" pursuant to his rights under the Constitution.... BUT, we have ruled that he doesn't get the rights of the 1st Amendment, so he has no freedom to speak. How can he legitimately obtain his 4th Amendment right to a fair trial by a jury of his piers, if he is not allowed to speak? It is impossible, because his piers would also be prohibited from speaking, therefore, unable to reach a verdict in his case, he couldn't be allowed to testify on his own behalf, as that would involve his speaking, and his attorney would not be able to defend him unless he was free to speak. So you have effectively rendered BOTH rights invalid by eliminating one.
The Constitution and Bill of Rights apply as a whole, we don't parse them.