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The story goes that one of Philadelphia's leading hostesses, a Mrs Elizabeth Powell, asked Benjamin Franklin what exactly was it that the Framers had created in Independence Hall. Franklin replied (supposedly) 'A republic, if you can keep it'.
Actually the question was, "What did you give us, a democracy or a republic?" This I learned even in high school civics (when they still taught civics in school). As to who asked the question, your story is ...well, questionable.
Actually the question was, "What did you give us, a democracy or a republic?" This I learned even in high school civics (when they still taught civics in school). As to who asked the question, your story is ...well, questionable.
I believe in federalism and I think the Constitution should be interpreted as it was originally written. That's the only rational way to utilize it, in my opinion. Judges should not treat it as a "living, breathing document" because that leads to individual, even mystical, interpretations of how our government was intended to function. The federal government should only be involved with matters that the individual states are unable to handle on their own. In other words, the federal government should be very limited in its scope.
I hope to see Roe v. Wade overturned someday, as well as Obergefell v. Hodges. There's absolutely nothing in the US Constitution that guarantees a right to privacy, abortion, or marriage. These issues should be left to individual states to decide.
I would also like to see a repeal of the 17th Amendment, which turned the US Senate into a glorified, more elite House Of Representatives. The House is supposed to represent the people; the Senate is supposed to represent the states.
Last edited by AnUnidentifiedMale; 09-07-2017 at 06:33 PM..
I believe in federalism and I think the Constitution should be interpreted as it was originally written. That's the only rational way to utilize it, in my opinion. Judges should not treat it as a "living, breathing document" because that leads to individual, even mystical, interpretations of how our government was intended to function. The federal government should only be involved with matters that the individual states are unable to handle on their own. In other words, the federal government should be very limited in its scope.
I hope to see Roe v. Wade overturned someday, as well as Obergefell v. Hodges. There's absolutely nothing in the US Constitution that guarantees a right to privacy, abortion, or marriage. These issues should be left to individual states to decide.
I would also like to see a repeal of the 17th Amendment, which turned the US Senate into a glorified, more elite House Of Representatives. The House is supposed to represent the people; the Senate is supposed to represent the states.
I understand your point, but nowhere in the Constitution is there an explicit right to privacy. A right to privacy is often interpreted by judges who "find" it in various amendments.
If we truly had a right to privacy, we wouldn't be required by law to answer invasive questions on the Census every ten years, or submit to drug testing for a variety of reasons, or report how much money we've made annually - just to give three examples.
I understand your point, but nowhere in the Constitution is there an explicit right to privacy. A right to privacy is often interpreted by judges who "find" it in various amendments.
If we truly had a right to privacy, we wouldn't be required by law to answer invasive questions on the Census every ten years, or submit to drug testing for a variety of reasons, or report how much money we've made annually - just to give three examples.
This might be covered under "search without a warrant", but since they "force" people to do it voluntarily in most cases (for a job, etc.), it's not considered unconstitutional.
Personally, I find the taking of bodily fluids about as far down the path of searching as one can go - but the courts don't agree. They allow kids in high school to be drug tested if they want to join the Chess Club.
If I was on the SCOTUS I'd have shot that one down.
ersons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated:
Sure doesn't seem to match with "pee in a cup or draw some blood", but whatever.
If bodily fluids are not protected than it makes sense that, in the future, brain waves will be subject to the same testing. Eventually they may be able to truly detect truth or lies or even violent tendencies...from your brain and/or DNA.
It's really gonna be a question as to where this stops. To me it is the opposite of "freedom".
I hope to see Roe v. Wade overturned someday, as well as Obergefell v. Hodges. There's absolutely nothing in the US Constitution that guarantees a right to privacy, abortion, or marriage. These issues should be left to individual states to decide.
While these small items may not be mentioned in the Constitution, if it is determined that the larger question of personal freedoms are involved then it is NOT in the realm of the states.
The "right" of one state to produce massive air pollution or radiation which drifts to another - or their own people even - isn't a States Right Issue. Yet I didn't read anything in the Constitution addressing it.
There is a LOT of slack in the basic ideals such as "General Welfare" and "Happiness of the People" - and the Constitution does address all the "others" which may fall under the stated items:
"To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution"
This is why our laws - just like the laws of our Father England, are always evolving...to deal with both changes in society and in the world.
As one example - if I build a jet plane ONLY to be used in California....an "originalist" would say I am not engaged in interstate commerce and therefore should not be subject to the Fed. Government (FAA) standards. But, of course, no judge would rule so.
I understand your point, but nowhere in the Constitution is there an explicit right to privacy. A right to privacy is often interpreted by judges who "find" it in various amendments.
If we truly had a right to privacy, we wouldn't be required by law to answer invasive questions on the Census every ten years, or submit to drug testing for a variety of reasons, or report how much money we've made annually - just to give three examples.
It's a limited right, but it's not obsolete. The Census is required by the Constitution. The other two I'd say are generally still voluntary technically, but the consequences can be the lost opportunity to work.
Our Rights and the rights of businesses have always been at odds. That's why I like union representation, they can protect workers from intrusive managers.
What an amazing day and age we live in when guys who yell at the TV and listen to Hate Radio full time can spew forth on the Constitution.
Some people insist on playing the ignorance card to the fullest. In case we didn't notice this the first dozen times, they reload and continue. But I've finally figured out something. It isn't the courts that interpret laws and the Constitution, it's them. They provide us the benefit of their unique knowledge. How lucky is that?
Actually the question was, "What did you give us, a democracy or a republic?" This I learned even in high school civics (when they still taught civics in school). As to who asked the question, your story is ...well, questionable.
It's why I said 'supposedly', as the original source of the quote, as pointed out, came from the diary of Dr. James McHenry. However, the person (or persons) asking the question was never identified by Dr McHenry. The Mount Vernon organization itself cites Elizabeth Willing Powell as the possible questioner of Franklin, but I've read the same story from other sources.
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ersons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated:
