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Politics : Sharks in the Septic Tank -- Ignore unavailable to you. Want to Upgrade?


To: TimF who wrote (80835)7/6/2004 10:01:53 AM
From: Solon  Read Replies (2) | Respond to of 82486
 
"a highly qualified applicant who is a member of a race (or certain other types of groups) that is hated by the perspective employer has a right to be hired"

No. Not at all. It simply means he/she has a right to be considered on the same basis as other humans--that is to say--on the basis of whether he/she is the best applicant for the job in the opinion of the employer--but without that opinion being entirely informed by racial hatred.

"As for Amendment IX you have it exactly backwards"

No, I gave it forwards. It is what it is.

"it doesn't give powers to the government"

The Government has the Constitutional authority to uphold and protect all Rights granted in the Constitution. That is the point of having a Constitution.

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."

"It states that people's rights are not limited to what the Constitution explicitly states"

That is what it says; and that is what I repeated. Now as to your quibbling over Federal Rights, State Rights, and individual Rights--there is no need. Constitutionally, the people are both the State and the United States. Now when it says that Government has the POWER to PROTECT the Rights of people...it means just that. If you prefer to translate "power" as "authority" rather than "right"--please be my guest. It changes the intent nor the meaning not one whit: The Government has the AUTHORITY to PROTECT the Rights of people. And people have Rights not enumerated in the Constitution, and the Government is of, for, and by the people.

Government has the AUTHORITY (if you prefer) to PROTECT the equality of people under the law. The reference to "protection" does not refer to protection by the moon...it refers to protection by the Government. And the foremost way in which a Government protects the Rights of her citizens is by enacting laws to do so.

"If the law treats everyone fairly and equally then you have equal protection of the law."

I would like you to notice the words "ALL" and "EQUAL" in the following:

SEC. 201. (a) All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, and privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.

"they are at least in part unconstitutional, and also unjustly infringe on people's freedom."

Those enacting the laws and many similar ones over the decades did not think so. The Courts who have revisited parts of these laws and met the challenges of lawyers, individuals, and groups did not think so. Obviously I do not think so. As to your contrary opinion...you have every right to it; but in looking back through your posts I do not find one single fact put forward by you that seems compelling on behalf of your position.

The Government clearly has the Constitutional authority to enact laws which protect the Rights of people--not all of which are listed in the Constitution---but all equally guaranteed by the Constitution. In the rare cases where the law refers to some people rather than all (such as restricting the rights of certain age groups to drive or enter contracts)....there are valid and compelling reasons for such discrimination.

Equal protection means that ALL people must be protected from murder and other forms of mistreatment. "Protection" does not mean that the Government paint the arena walls while the lions feast. Painting the wall does not protect.

I mean....do you REALLY believe that Pinhead's private taxi service should be allowed to deny service to all Asians? What if his brother (who owns all 11 car dealerships in the State decides that no Asian may buy a vehicle from him? What if these particular firms all decided to not serve American citizens of asian extraction??

Altria

Associated British Foods plc

British American Tobacco

Cadbury Schweppes

Compass Group

General Mills

The Gillette Company

GlaxoSmithKline

Mars

Nestle

Proctor & Gamble

Sara Lee

Tata

United Biscuits

Unilever


Let us just consider General Mills, for example:

General Mills
Big G Cereals
Basic 4
Berry Berry Kix
Chex Corn
Cocoa Puffs
Cookie Crisp
Count Chocula
Country Corn Flakes
Fiber One
Franken Berry
French Toast Crunch
Gold Medal Raisan Brand
Harmony
Kaboom
Kix
Lucky Charms
Oatmeal Crisp
Para Su
Reese's Peanut Butter Puffs
Snack n Dash
Team Cheerios
Total
Trix
Wheaties
Bettys Kitchen
Green Giant
Lloyds Business
Old El Paso
Progresso
Yoplait
Dunkaroos
Fruit by The Foot
Fruit Roll Ups
Fruit Shapes
Gardettos
Nature Valley
Pop Secret
Wahoos
Bacos Bits
Bacos Chips
Bowl Appetit
Chicken Helper
Hamburger Helper
Potato Buds
Potato Specialty
Suddenly Salad
Tuna Helper
Bisquik
Bowl Apetit
Betty Crocker
Bisquik
Angel Food
Brownie Mix
Bread Machine Mix
Dessert Bars
Frosting Rich
Frosting Whipped
Gold Medal
Muffin Mix
Pancake Mix
Pie Crust Mix
Pineapple Upside-down cake mix
Pouch Mix
Pound Cake
Quick Bread
Shake n Pour
Snackin' Cake
Stir n Bake
SuperMoist
Sweet Rewards
Wondra Flour
Colombo Blended
Colombo Classic
Expresse
Go-Gurt
Trix
Yoplait Custard
Yumsters
Pillsbury
Big Country Biscuits
Breadsticks
Cookies Chocolate
Cookies Flag
Cookies Ghost
Cookies Gingerbread
Cookies M*Ms
Cookies Peanut Butter
Cookies Rudolph
Crescent Rolls
Dinner Rolls
Fresh Bread
Grands! Biscuits
Home Baked Classics
Hungry Jack
Pet Ritz Pie Crust
Pillsbury Pancakes
Pillsbury Waffles
Sweet Rolls Dulce de Leche Caramel
Toaster Scrambles
Toaster Strudel
Turnovers Apple
Turnovers Cherry
Small Planet Foods
CF Bagged Fruits
CF Bagged Vegetables
CF Cereals
CF Entrees
CF Fancy Fruits
CF Frozen Yogurt
CF Ice Cream
CF Juice
CF Meals
CF Pickles
CF Potatoes
CF Quickstart
CF Sauerkraut
CF Sorbet
CF Vegetable Blends
CF Veggie & Chicken Bowl
CF Veggie Bowl
CF Yogurt Bar
MG Diced Tomatoes
MG Chunky Tomato Sauce
MG 100% Vegetable Juice
MG Grill Chef Barbeque Sauce
MG Pasta Sauce
MG Pizza Sauce
MG Salsa
MG Tomato Juice
MG Tomato Paste
MG Tomato Sauce
MG Whole Peeled Tomatoes


There is no Constitutional difference between denying food to distinct groups because of racism, than forcing people of distinct groups to have unequal transportation rights (sit at the back of the bus). So if you believe that people have no right to buy food (i.e. no right to eat), then it is a small step in kindness for you to grant them the right to sit on a bus.

No, Tim...sorry: Equal protection under the law DOES empower Governments to enact laws which prevent people from being denied essential services or the right to opportunity in the marketplace. Pretending that "protection" equates to "non-interference" is just plain silly.