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Constitutional right to privacy a figment of imagination
Houston Chronicle ^ | January 15, 2005 | JUDGE HAROLD R. DEMOSS JR.

Posted on 01/15/2006 8:59:46 AM PST by Dog Gone

click here to read article


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To: jwalsh07
I left nothing out pal.

You were busted.

561 posted on 01/18/2006 5:13:32 PM PST by Mojave
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To: Mojave
Yep. And he'll leave it out again the next time he trots it out.

There are liars and then there are damned liars. You would be classified as the latter. EverythingI post I include a link to. I assume that those links are read or I would not post them. As the saying goes I made an ass of u 'n me.

562 posted on 01/18/2006 5:14:50 PM PST by jwalsh07
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To: jwalsh07
There are liars and then there are damned liars.

Congratulations. You've been exposed as both.

563 posted on 01/18/2006 5:16:56 PM PST by Mojave
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To: Mojave

To: dirtboy; don asmussen; Dead Corpse; Tarkin
Amendment 2
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.

Nunn v State of Georgia, 1846

Judge Lumpkin in a nice rebuke of Marshall writes in part:

"The language of the second amendment is broad enough to embrace both Federal and State governments--nor is there anything in its terms which restricts its meaning. The preamble which was prefixed to these amendments shows, that they originated in the fear that the powers of the general government were not sufficiently limited. Several of the States, in their act of ratification, recommended that further restrictive clauses should be added. And in the first session of the first Congress, ten of these amendments having been agreed to by that body, and afterwards sanctioned by three-fourths of the States, became a part of the Constitution. But admitting all this, does it follow that because the people refused to delegate to the general government the power to take from them the right to keep and bear arms, that they designed to rest it in the State governments? Is this a right reserved to the States or to themselves? Is it not an inalienable right, which lies at the bottom of every free government? We do not believe that, because the people withheld this arbitrary power of disfranchisement from Congress, they ever intended to confer it on the local legislatures. This right is too dear to be confided to a republican legislature." Judge Lumpkin

Amen.


515 posted on 01/18/2006 5:09:36 PM EST by jwalsh07




Do you treat the athletes foot problem in your throat?


564 posted on 01/18/2006 5:18:13 PM PST by jwalsh07
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To: jwalsh07

Left it out again.


565 posted on 01/18/2006 5:19:58 PM PST by Mojave
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To: jwalsh07
"Will we ever learn? "

We do learn, slowly. The 14th Amendment shows that.

The next step will be to put abortion back in the sphere of the states' powers. After that happens we'll learn the next step. Then the one after that.

566 posted on 01/18/2006 5:24:53 PM PST by mrsmith
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To: Mojave
Sometimes you get what you ask for but a lot of those times you don't like it. So with due respect for the mouse challenged I submit the following paragraph with the offending sentence included.

I am aware that it has been decided, that this, like other amendments adopted at the same time, is a restriction upon the government of the United States, and does not extend to the individual States. The court held otherwise, however, in the case of the People vs. Goodwin, (18 John. Rep. 200) and Chief Justice Spencer, who delivered its opinion, says: "The defendant's counsel rely principally on the fifth article of the amendments to the Constitution of the United States, which contains this provision: 'Nor, shall any person be subject, for the same offence, to be twice put in jeopardy of life or limb.' It has been urged by the prisoner's counsel, that this constitutional provision operates upon State courts--proprio vigore. This has been denied on the other side. I am inclined to the opinion, that the article in question does extend to all judicial tribunals, whether constituted by the Congress of the United States or the States individually. The provision is general in its nature and unrestricted in its terms; and the sixth article of the Constitution declares, that that Constitution shall be the supreme law of the land, and the judges in every State shall be bound thereby, any thing in the constitution or laws of any State to the contrary not withstanding. These general and comprehensive expressions extend the provisions of the Constitution of the United States, to every article which is not confined by the subject matter to the national government, and is equally applicable to the States. Be this as it may, the principle is undeniable, that no person can be twice put in jeopardy of life or limb for the same offence.

I told you you wouldn't like it. Statists never like justices who embrace natural rights and textualism.

567 posted on 01/18/2006 5:27:06 PM PST by jwalsh07
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To: Dog Gone
I would hate to think how this guy would feel about free speech, media, religion etc if the constitution wasn't passed without an understanding that the Bill of Rights would be added. The framers, who I think most would recognize as smarter than the average bear, didn't feel it was necessary to enumerate rights at all.

And before the right to privacy was used to justify abortion, if it had been brought up as a possible amendment it would have passed without much trouble. Even still I think it would pass, but a lot of people would be against it just over abortion.
568 posted on 01/18/2006 5:31:15 PM PST by Mr. Blonde (You know, Happy Time Harry, just being around you kinda makes me want to die.)
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To: jwalsh07
The protection against double jeopardy did not extend to prosecutions in state courts until it was incorporated in 1969 in Benton v. Maryland, 395 U.S. 784.
569 posted on 01/18/2006 5:55:33 PM PST by robertpaulsen
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To: robertpaulsen

Well Robert, it seems Justice Spencer was a seer because he incorporated it in New Yorks jurisprudence 149 years before that. Quite a guy.


570 posted on 01/18/2006 5:59:18 PM PST by jwalsh07
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To: jwalsh07

He ruled that double jeopardy never even occurred. So his "opinion" was moot.


571 posted on 01/18/2006 6:17:10 PM PST by robertpaulsen
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To: jwalsh07

Trying to pass off a double jeopardy reference as a jury trial precedent again.

Tsk, tsk, tsk...


572 posted on 01/18/2006 6:21:23 PM PST by Mojave
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To: robertpaulsen
He ruled that double jeopardy never even occurred.

Welp, when they have zero decisions in their favor they're left to sift dicta for their emanations of penumbras.

573 posted on 01/18/2006 6:26:53 PM PST by Mojave
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To: robertpaulsen
He ruled that double jeopardy never even occurred. So his "opinion" was moot.

LOL, a novel approach to jurisprudence.

574 posted on 01/18/2006 7:02:36 PM PST by jwalsh07
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To: jwalsh07

Dicta.


575 posted on 01/18/2006 8:06:53 PM PST by Mojave
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To: Mojave

Dicta or holding, it doesn't matter. Either way it puts the lie to your false assertion. Some people are born statists and losers. Such is life.


576 posted on 01/18/2006 8:27:21 PM PST by jwalsh07
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To: jwalsh07
o·bi·ter dictum
n., pl. obiter dicta.
Law. An opinion voiced by a judge that has only incidental bearing on the case in question and is therefore not binding. Also called dictum.
577 posted on 01/18/2006 9:03:51 PM PST by Mojave
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To: Mojave

pedantic dictum


578 posted on 01/19/2006 7:08:01 AM PST by don asmussen
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