Aces High Bulletin Board
General Forums => The O' Club => Topic started by: SaburoS on October 12, 2002, 01:04:09 PM
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Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
Amendment III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
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Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
well , what the heck does THAT mean?? does that mean i have more "rights" than the govt tells me i have ??
what "rights " have the "people"(me, you , us) retained??
1) the right to self defense
feel free to add to the list
44MAG
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It basically says that just because a specific right is not mentioned in the Constitution doesn't mean that you don't have it or that it can be taken away from you because it is not mentioned in the Constitution: i.e. rights that are defined elsewhere or are a matter of common law/tradition.
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Privacy is a good example for IX.
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What would be a good example for X?
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Electoral college
Mandatory sentencing
Capital punishment
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ya right.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed , nor cruel and unusual punishments inflicted.
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kanth , you must explane your response, are you refering to the 28 BILLION for the smoker that is killing herself or to $300 fines for speeding, or $100 per day for a city code violation?
i could give more examples , but why bother, you get the point.
44MAG
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traffic related fines do not come under the 8th, apparently, because you agree to those ricks (ricking fines) when you get driver's liscense...its similar to how the non-disclosure contract i am under does not violate my 1st amendment rights...I wonder if you can give a speeding ticket to someone busted for driving w/out a D/L. i've been stopped several times w/out a D/L and have never been fined for the moving violation i was stopped for
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A) 28 billion to one da
and I'd like to buy a vowel please.
Originally posted by john9001
kanth , you must explane your response, are you refering to the 28 BILLION for the smoker that is killing herself
i could give more examples , but why bother, you get the point.
44MAG
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It should be obvious that only the second guarentees the other 9.
lazs
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Originally posted by ra
What would be a good example for X?
drug laws, seat belts, motorcycle helmets, speed limits there's a lot of em....
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Unfortunately, the 28 Billion in not technically a fine. A civil settlement is not a fine imposed by governemt, and is therefor not covered under the Bill of Rights.:(
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lazs2: It should be obvious that only the second guarentees the other 9.
The Second does not guarantee anything - it just redundantly enumerates one of the our natural or God-given rights never conceded to the government, that The Tenth mentions and The Ninth explains.
What guarantees anything is our ownership of arms and our wilingness to use them.
miko
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sorry miko... shoulda said that ..... only the 2nd guarentees that we will be able to defend the other 9.
lazs
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People often mistakenly do not make distinction between rights and amendments or the origin of the rights and the Constitution.
The Second amendment does not give us any rights - it just confirms that we have that natural right. Repeal of the Second Amendment will not cause us to lose a right to bear arms as it was not given by it in the first place. This amendment is purely declaratory - it neither gives nor restricts the rights of people or the government, just lists one of them.
In order to deprive us of that right, a separate amendment would have to be adopted that would specifically grant government power to disarm us.
Anyway, the issue is purely academical. The Constitution was never an obstacle to infringement on people's rights by legislature or courts or executive power when people tolerated it.
miko
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I guess what I'm speaking of then is a cap on punative awards so that they are more reasonable and it falls more under tort reform.
My remarks here are pretty much irrelevant to the subject in this light.
Thanks alot Holden :D
Originally posted by Holden McGroin
Unfortunately, the 28 Billion in not technically a fine. A civil settlement is not a fine imposed by governemt, and is therefor not covered under the Bill of Rights.:(