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Thread: Application of the constitution

  1. #1
    Join Date
    Jul 2011

    Application of the constitution

    It is rare that I feel there is sufficient reason to introduce a new thread for discussion rather than simply participating in an existing thread. However this is a situation during which an exception is warranted.

    Through various rulings the supreme court has incorporated the constitution and the bill of rights through the fourteenth amendment to restrict the actions of states and lower governments when faced with the infringement of rights by non-federal government parties. Under the standard of incorporation the government of the state of Texas can no more prohibit the practicing of certain religions than the federal government can. The same goes for various other amendments and standard of behavior.

    The question at hand however is who do the restrictions in the bill of rights apply to? Do they serve merely to prohibit overreach by the federal -and subsequently state and local levels- government? Or does the bill of rights place restrictions on the actions of private individuals and citizens with regard to their interactions with other private individuals and citizens? Against what parties can a private citizen rightfully claim their constitutional rights have been violated with gross disregard? Can the local bodega or convenience store be sued on the grounds of violating the first amendment rights of the consumers for prohibiting screaming children on the premises? Is a private citizen guilty of violating the fifth amendment rights of they accused if the are randomly assaulted and forced to kill their attacker in self defense when there has been no trial by jury or due process? Can your neighbor be sued for violating your fourth amendment rights by demanding a search of your person if they suspect you have stolen from them? Is it a breach of the first amendment is a web host site requires its clients to abide by company defined standards of decency and acceptable upload quality?
    Last edited by Xenamnes; 08-16-2012 at 02:00 PM.
    If one cannot have an argument without resorting to hyperbole, name calling and emotional rhetoric, then they have lost the argument from their first post.

  2. #2
    Join Date
    Sep 2012
    Give others the rights you expect for yourself.

    So when you sit back and laugh at the abuses and usurpations inflicted upon others, just remember your screwed when they cry as they are inflicted upon you.

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