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RE: Equal Rights.

in #til8 years ago (edited)

So on one hand, you cite the text of the first and second amendment amendment as though you would have them enforced literally.

But on the other hand, you immediately go on to re-interpret them to suit your world view, ignoring their literal text and making some quip about filthy hands.

As to your examples; the first amendment sets a higher standard for law regarding religion than it does for laws in other matters. The government is allowed to make no law regarding religion.

Your attempt to extend the standard to every other matter mentioned in the bill of rights is sophistry. No, a right is not a right (at least, not from the perspective of law). Each individual right enumerated in the text of the bill of rights is different.

What constitutes abridging someone's freedom of speech? Does making it illegal for them to yell "fire" in a public theater constitute an abridgment? Does making pornography or obscenity illegal?

What constitutes an "infringement" on the right to bear arms. Does making any kind of gun or arm illegal constitute an infringement? If the government says "hey jason. You can't carry around a loaded bazooka at an elementary school" constitute an infringement of my right to bear arms?

You could argue it either way. And im sure you and I would probably disagree on what exactly constitutes an infringement.

Fortunately, the founding fathers gave us a way to determine exactly what constitutes an infringement of these rights. We have the courts, with the supreme court being the highest. The very constitution that established these rights also established the court to interpret their scope.

The court said the state can make it illegal for you to yell fire in a public theater, then they changed their mind. So for a while the state could make it illegal to yell fire, then they couldnt. The court says you can show a boob, but not a nipple. The court says that individual states and municipalities can make laws about registering and carrying handguns.

The constitution is the constitution. You can't just cherry pick the parts that say what you want to hear and disregard the rest.

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