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dslreader$
join:2001-11-22

dslreader$

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Bill of Rights not part of the Constitution?

I couldn't help but notice several posts at the beginning of this thread.

According to them, apparently we were considering rewriting the Bill of Rights sometime in the recent past and the Bill of Rights is not part of the Constitution.

Where do people get such ideas? Not part of the Constitution? Rewrite it? And how pray tell, does one rewrite the constitution? Amazing!

[text was edited by author 2002-03-04 01:34:32]

cybermud
join:2000-08-25
Chicago, IL

cybermud

Member

I was incorrect....the constitution was written, then the bill of rights was amended to the constitution at a later date. See »www.nara.gov/exhall/char ··· ain.html for more info.
CyberNation$
join:2001-12-08
Los Angeles, CA

CyberNation$

Member

In response to cybermud:

Thanks for the follow up and the great link!

An incredible number of people in the U.S. have misconceptions about the Constitution and their "Rights" as in Constitutional rights. They are confused about the true meaning of the term. People confuse "Right" with other terms such as freedom(s), right,(generic), privileges, benefits, statutes, laws, regulations, laws and so on. Worse, they are clueless about the difference and often don't even care. Consequently, when something happens that they think infringes on their privacy, to them it is the same as having their Constitutional "rights" trampled, violated, stripped, etc. Also, too often the reason for the change, real or imagined, is totally inconsequential to them as all they care about is themselves. Unfortunately, it is not uncommon for such people to go off the deep end when someone tries to explain the difference to them or even try to discuss the issues. Why? I don't know. Maybe for some it is genetic given the fervor of some of the posts I see. Whatever it is, their focus and conclusions are because all they can think about is their own small selfish interests--period. Think about the merits? Lets not stoop to that!

But back to the point of the DSL New Forum item. In the context of what I just said, what is being asked,( yes, asked), of the Telcos by the AG is somewhat different than what the people I have just described would like to believe.

[text was edited by author 2002-03-04 00:56:54]
finortis
join:2001-11-30

finortis to dslreader$

Member

to dslreader$
quote:
Consequently, when something happens that they think infringes on their privacy, to them it is the same as having their Constitutional "rights" trampled, violated, stripped, etc.
Actually, if you look at what the US Supreme Court, in the process of Judicial Review, has said in cases such as Griswald and Roe V Wade, privacy was mentioned as a right granted by the 4th Amendment.

In the case of Griswald (which preceded Roe v. Wade) a state passed a law that forbid a married couple from using contraceptive devices in the privacy of their own bedroom.

The question of enforciability came up and how the police could or could not know whether the couple was using contraception at a given instant, unless the police were to monitor the married couple engage in such activities, and make a bust. The Court found the idea of police monitoring married couples in this way to be abhorant, and deemed that given that was such a way to enforce this statute, that it violated the couple's 4th Amendment rights to privacy. This was the first time to my knowledge in which the High Court interpreted the 4th Amendment as giving a general (though not specifically stated) right to privacy (intent of the fore-fathers type argument).

The case of Roe v. Wade was then further based off the argument put forth in Griswald. Now ever since the case of Marbury vs. Madison, it has been understood/accepted that the Court has the power of Judicial Review and the power to interpret the law.

SAM Hunter$
join:2001-05-11
USA

SAM Hunter$

Member

said by finortis:
Actually, if you look at what the US Supreme Court has said in cases such as Griswald and Roe V Wade, privacy was mentioned as a right granted by the 4th Amendment.

This was the first time to my knowledge in which the High Court interpreted the 4th Amendment as giving a general (though not specifically stated) right to privacy (intent of the fore-fathers type argument).
You are, of course completely correct in the facts you state. But I am not quite sure of your point with regards to the forum topic or the post of CyberNation. (You wrote you were responding to the post of dslreader but I believe you meant to say CyberNation.)

As you have said there is no specific right to privacy within the U.S. Consitution although some states, such as California have it in their state constitution.

It is for that reason that many people think that purely as a legal ruling, Roe v Wade is bad law--moral and social arguments aside.

In any event I see no conflict between what you have said and what CyberNation has said.