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Thread: What rights do rape and assault violate?

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    Re: What rights do rape and assault violate?

    Quote Originally Posted by Lursa View Post
    Can you be more specific? I would think that rape and assault violate a person's rights, but I'm trying to figure out specifically which ones.

    Maybe they dont, maybe you're right. But WillyPete might be right about 'security of the person.'...to me, that's sound.
    Probably the 10th makes more sense. If it's not in the constitution, it's left up to the states, and they make the rape/assault laws. I think the 4th helps, as it spells out the government needs a reason to harm anyone.

    A bit worrisome to think there is probably a very narrow legal context where there isn't an explicit law against rape, but probably not a real threat.

    But yeah, I suppose that could be read as rape/assault not directly violating a person's Constitutional rights.
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    Re: What rights do rape and assault violate?

    Quote Originally Posted by WillyPete View Post
    Probably the 10th makes more sense. If it's not in the constitution, it's left up to the states, and they make the rape/assault laws. I think the 4th helps, as it spells out the government needs a reason to harm anyone.

    A bit worrisome to think there is probably a very narrow legal context where there isn't an explicit law against rape, but probably not a real threat.

    But yeah, I suppose that could be read as rape/assault not directly violating a person's Constitutional rights.
    Thanks. The 4th and "security of the person" made me feel a little better....
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    Re: What rights do rape and assault violate?

    Quote Originally Posted by Lursa View Post
    What Constitutional rights do rape and assault violate? What Constitutional support do those laws have? What is the legal basis?

    Even a right to life isnt actually protected in those words in the Constitutional correct? What upholds that right?
    When the states established the constitution between themselves, they gave it a very small set of legislative powers. These powers were about international relations and interstate relations. Think of it as a treaty, because that is what it actually is: an agreement established between sovereign states that was ratified by each of them.

    Being sovereign states, each of them already had plenary power to deal with rape and assault. There was no need for them to involve their union with such matters.

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    Re: What rights do rape and assault violate?

    Quote Originally Posted by Beowulf View Post
    When the states established the constitution between themselves, they gave it a very small set of legislative powers. These powers were about international relations and interstate relations. Think of it as a treaty, because that is what it actually is: an agreement established between sovereign states that was ratified by each of them.

    Being sovereign states, each of them already had plenary power to deal with rape and assault. There was no need for them to involve their union with such matters.
    Thank you. May I ask what the state foundations for the laws are built on? As in what rights, if any, are violated? If you know. If not, not your job to research it.
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    Re: What rights do rape and assault violate?

    Quote Originally Posted by Lursa View Post
    Thank you. May I ask what the state foundations for the laws are built on? As in what rights, if any, are violated? If you know. If not, not your job to research it.
    I believe that most of the states based their legal system upon English common law. Common law already had prohibitions against things like rape and assault. It had been very well worked out by this time.

    The bill of rights was an amendment to the treaty between the states. They wanted to ensure that the general government that they had created would not misconstrue and overstep its limited powers.

    I hope this helps, but if not just let me know and I'll try to fill in any gaping blanks I've left.

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    Re: What rights do rape and assault violate?

    Quote Originally Posted by Beowulf View Post
    I believe that most of the states based their legal system upon English common law. Common law already had prohibitions against things like rape and assault. It had been very well worked out by this time.

    The bill of rights was an amendment to the treaty between the states. They wanted to ensure that the general government that they had created would not misconstrue and overstep its limited powers.

    I hope this helps, but if not just let me know and I'll try to fill in any gaping blanks I've left.
    I was trying to find out what compels (if anything does) the federal govt to protect anyone's right to life. If there is a Constitutional basis for 'a right to life' and what amendments discuss or support it.
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    This seems less like palliative care and more like a last meal.
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    Re: What rights do rape and assault violate?

    Quote Originally Posted by Lursa View Post
    I was trying to find out what compels (if anything does) the federal govt to protect anyone's right to life. If there is a Constitutional basis for 'a right to life' and what amendments discuss or support it.
    I am unaware of any legislative power that the states wrote into their constitution that would cause the federal government to do such a thing.

    Each sovereign state has plenary power to protect the life of its citizens and residents, as far as I know. No need to give the general government such a power. And, as far as I can see from the constitution itself, no such power was given.

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    Re: What rights do rape and assault violate?

    Quote Originally Posted by Beowulf View Post
    I am unaware of any legislative power that the states wrote into their constitution that would cause the federal government to do such a thing.

    Each sovereign state has plenary power to protect the life of its citizens and residents, as far as I know. No need to give the general government such a power. And, as far as I can see from the constitution itself, no such power was given.
    Thanks. That's helpful as well.

    I had read that there is no 'specific right to life' enumerated in the Const., you are confirming that.
    Quote Originally Posted by code1211 View Post
    This seems less like palliative care and more like a last meal.
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    You can think that I am stupid all you want. It won't stop me from being racist.
    Quote Originally Posted by Angel View Post
    Parrots of the Caribbean For Abortion!
    Quote Originally Posted by applejuicefool View Post
    A murderer putting a bullet through someone's brain is a medical procedure too.

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    Re: What rights do rape and assault violate?

    Quote Originally Posted by Lursa View Post
    Thanks. That's helpful as well.

    I had read that there is no 'specific right to life' enumerated in the Const., you are confirming that.
    I agree with you that I've never seen any such language.

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    Re: What rights do rape and assault violate?

    And another thing, if I rape someone and they try to have an abortion, what about my rights as a father/rapist? Surely I get a say in whether my villainous seed is given a chance at life. After all, technically as a man, all women's wombs belong to me anyway, especially if I've forcibly squirted my baby gravy into them.
    Now listen Donald, stay focused, hold it together. Put down the bucket of chicken. Stop tweeting. Go into the next bedroom. Get under the bed. Calm down. Now the next part is very important...

    They're going to hear Mueller's testimony

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