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Thread: Is the Republican Party in danger of dying out?

  1. #331
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    Re: The Reason Democrats Are Backing Gay Rights and Marijuana Legalization

    Quote Originally Posted by ernst barkmann View Post
    then tell me haymarket why in over 200 years, has the congress ever created an amendment, instituting a right?

    for the federal government to try to create a right, would violate federal law...... the fundamental and organic law of the u.s.

    rights are recognized by the constitution, they are not created by the constitution, so changing the constitution, ..............does not remove the recognized right.


    James Madison--We, the delegates of the people of Virginia, duly elected in pursuance of a recommendation from the General Assembly and now met in Convention, having fully and freely investigated and discussed the proceedings of the Federal Convention, and being prepared, as well as the most mature deliberation hath enabled us, to decide thereon--DO, in the name and in behalf of the people of Virginia declare and make known that the powers granted under the Constitution, being derived from the people of the United States, may be resumed by them whensoever the same shall be perverted to their injury or oppression; and that every power not granted thereby remains with them, and at their will. That, therefore, no right of any denomination can be cancelled, abridged, restrained, or modified, by the Congress, by the Senate or House of Representatives, acting in any capacity, by the President, or any department or officer of the United States, except in those instances in which power is given by the Constitution for those purposes; and that, among other essential rights, the liberty of conscience and of the press cannot be cancelled, abridged, restrained, or modified, by any authority of the United States."

    Here is an express and solemn declaration by the Convention of the State, that they ratified the Constitution in the sense that no right of any denomination can be cancelled, abridged, restrained, or modified, by the Government of the United States, or any part of it, except in those instances in which power is given by the Constitution; and in the sense, particularly, "that among other essential rights, the liberty of conscience and freedom of the press cannot be cancelled, abridged, restrained, or modified, by any authority of the United States."
    All that is wrong since Article V clearly places no such limit on what can be in any Constitutional Amendment.
    __________________________________________________ _
    There are two novels that can change a bookish fourteen-year old's life: The Lord of the Rings and Atlas Shrugged. One is a childish fantasy that often engenders a lifelong obsession with its unbelievable heroes, leading to an emotionally stunted, socially crippled adulthood, unable to deal with the real world. The other, of course, involves orcs.... John Rogers

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    Re: The Reason Democrats Are Backing Gay Rights and Marijuana Legalization

    Quote Originally Posted by haymarket View Post
    All that is wrong since Article V clearly places no such limit on what can be in any Constitutional Amendment.
    as stated, the constitution does not grant any right........so how can you take from something which does not give in the first place?

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    Re: The Reason Democrats Are Backing Gay Rights and Marijuana Legalization

    Quote Originally Posted by Zyphlin View Post
    What rights exactly are you suggesting those who wrote the constitution "Created"?
    He didn't say they created a right. The reality is that persons in a position to weld power dictate what others can and cannot do. Laws do that. So that sense, the right came from those who wrote the Constitution.

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    Re: The Reason Democrats Are Backing Gay Rights and Marijuana Legalization

    Quote Originally Posted by MildSteel View Post
    She didn't say they created a right. The reality is that persons in a position to weld power dictate what others can and cannot do. Laws do that. So that sense, the right came from those who wrote the Constitution.
    incorrect......the constitution grants no rights......it only recognizes rights......

    congress cannot create and vote on giving the people rights.........it would violate federal law.

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    Re: The Reason Democrats Are Backing Gay Rights and Marijuana Legalization

    Quote Originally Posted by ernst barkmann View Post
    as stated, the constitution does not grant any right........so how can you take from something which does not give in the first place?
    Please go back and read my post and read the one from Zyphlin. What I stated was that any part of the Constitution can be changed through the Amendment process as outlined in Article V and that includes anything in the Constitution including previous Amendments.

    Let us look at a very clear and easy to understand example. The Fifth Amendment states that no person can be compelled in a criminal case to be a witness against himself. If the American people became fed up with a series of high profile defendants beating what they felt were justifiable murder charges in trials where they refused to testify, they could go through the amendment process and remove that language from the Fifth thereby changing the rules and procedures where a defendant could indeed be compelled to take the stand in their own case.
    __________________________________________________ _
    There are two novels that can change a bookish fourteen-year old's life: The Lord of the Rings and Atlas Shrugged. One is a childish fantasy that often engenders a lifelong obsession with its unbelievable heroes, leading to an emotionally stunted, socially crippled adulthood, unable to deal with the real world. The other, of course, involves orcs.... John Rogers

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    Re: The Reason Democrats Are Backing Gay Rights and Marijuana Legalization

    Quote Originally Posted by haymarket View Post
    Please go back and read my post and read the one from Zyphlin. What I stated was that any part of the Constitution can be changed through the Amendment process as outlined in Article V and that includes anything in the Constitution including previous Amendments.

    Let us look at a very clear and easy to understand example. The Fifth Amendment states that no person can be compelled in a criminal case to be a witness against himself. If the American people became fed up with a series of high profile defendants beating what they felt were justifiable murder charges in trials where they refused to testify, they could go through the amendment process and remove that language from the Fifth thereby changing the rules and procedures where a defendant could indeed be compelled to take the stand in their own case.

    sorry wrong, the 5th is not a right........its a restriction........

    what the amendment process would be doing would be to remove a restriction placed on the federal government.


    The Preamble to The Bill of Rights

    Congress of the United States
    begun and held at the City of New-York, on
    Wednesday the fourth of March, one thousand seven hundred and eighty nine.

    THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

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    Re: The Reason Democrats Are Backing Gay Rights and Marijuana Legalization

    Quote Originally Posted by ernst barkmann View Post
    incorrect......the constitution grants no rights......it only recognizes rights......

    congress cannot create and vote on giving the people rights.........it would violate federal law.
    And I disagree with you. Practically speaking a person doesn't have a right that they are restricted from exercising. And persons with power determine what can and cannot be done. One way this is done is through laws. The Constitution of the United States is one such law.

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    Re: The Reason Democrats Are Backing Gay Rights and Marijuana Legalization

    Quote Originally Posted by Henrin View Post
    No, liberals don't actually support liberty. I have never seen a liberal support any sort of hint at liberty without government involvement.
    Wtf. Sometimes our liberties need defending, you can try it by yourself, but you may at times just need the resources of the government.
    Killing one person is murder, killing 100,000 is foreign policy

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    Re: The Reason Democrats Are Backing Gay Rights and Marijuana Legalization

    Quote Originally Posted by MildSteel View Post
    And I disagree with you. Practically speaking a person doesn't have a right that they are restricted from exercising. And persons with power determine what can and cannot be done. One way this is done is through laws. The Constitution of the United States is one such law.
    the Constitution is supreme law, and no law is higher.....no federal law can override constitutional law.

    federal laws cannot make rights.

    federal laws can create privileges, but not rights.

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    Re: The Reason Democrats Are Backing Gay Rights and Marijuana Legalization

    Quote Originally Posted by Navy Pride View Post
    Democrats kiss their butts because they want their vote and would say or do anything to get that....
    Your statement reminds me of Romney when he ran in 2012.
    "Being President doesn't change who you are, it reveals who you are"

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