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Politics : Sharks in the Septic Tank

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To: TimF who wrote (80845)7/10/2004 4:12:37 AM
From: Solon  Read Replies (1) of 82486
 
"The right not granted is the right to not be discriminated against in employment ect. because of race, religion, sex, ect."

What you quoted was my statement, to wit: "The Government has the Constitutional authority to uphold and protect all Rights granted in the Constitution."

and your response: "The constitution grants no such right"

This clearly referred to the quote which you quoted and to which you attached your response. I think that speaks for itself. It is on the record.

"Congress and the other branches of the federal government have powers granted to them by the constitution"

Agreed. I have not changed my mind on that.

"Congress does not constitutionally have any power not granted to it by the constitution"

Hello? You don't say?

"If the congress did have the constitutional authority to protect anything it declares as a right then congress would have constitutional authority to do anything it wanted to do because it could declare anything to be a right."

That is correct. All "rights" begin with the "agreement" that people have them. We have rights because it is rational and logical to "agree" that we have rights. What "rights" would you have if tigers locked you up in pens and fed you cows to fatten you up?

ampcast.com

COWS WITH GUNS...FOR SURE.

"The 9th amendment recognizes that we have natural rights not mentioned in the constitution, but these are not constitutional rights."

The Constitution says nothing about these rights being "natural"...and of course they are Constitutional rights because they are so acknowledged and granted....they are merely not enumerated.

"The government would not have any limits on its powers if it chose to state that it was protecting some right with the exercise of these powers."

That is basically true when the Government is the people. The PEOPLE can make new Amendments, and they can repeal those no longer applicable to society and culture.

"The rights do not allow us to make demands against the private sector to not fire us for what we say"

Nothing to do with my argumentation. Perhaps someone else would care to discuss that with you.

"The 9th amendment in particular grants no authority to the federal government."

Insofar as Congress is responsible for legislation, it implies the authority to legislate laws to preserve and protect rights retained by citizens.

"It is neglect not direct abuse"

The law calls not feeding your children child abuse. Please feel free to call it whatever seems good to you.

"We are not normally legally liable for "neglecting" adults."

We are always liable for abusing them (to get back to the topic)...and we are often liable for neglecting them. It depends. I could give a million examples.

"Even ignoring the obviously irrelevant meanings (like a the opposite direction or side from left)"

Surely, I will agree that the ninth amendment was not inserted to claim that people could (rightfully) turn their head to or away from the moon.

""Natural rights" are a matter of philosophy not law."

Philosophy informs law. But law and right are not hobbled to philosophy, per se. But when a Constitution says you can eat lettuce, apples, steak, and corn...but you can also eat other foods not enumerated...this is simply acknowledging that there ARE other foods that may be eaten. It would be exceedingly stupid and irrelevant to say so, otherwise.

"So Virginia could probably forbid me from such discrimination without violating the constitutional limits on its authority...:

On what Constitutional basis???

"And yes if I could charge different amounts to different racial or religious groups, or to men and women they would still have equal protection of the law"

You are wrong. That idea is ridiculous. It is the reason we have anti-discrimination laws in certain arenas. The law only protects when it prevents or punishes such blatant injustice and mistreatment. If a law is to "PROTECT" then it must PROTECT. What is it protecting from?? Well...one of the things it protects from is racists who would wish to deny to Jews, Christians, Muslims, homosexuals, musicians or people with brown eyes...essential goods and services.

Equal protection of the law means that the law must PROTECT people equally. In order to protect all people equally the law must protect people from overt and extreme racism--racism which makes people second-class citizens and purges their Constitutional Rights.
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