To: JohnHuang2
We have "a freedom from all substantial arbitrary impositions and purposeless restraints":
"In its discussion of the scope of "liberty" protected by the Due Process Clause of the Fourteenth Amendment the Court stated:
Neither the Bill of Rights nor the specific practices of the States at the time of the adoption of the Fourteenth Amendment marks the outer limits of the substantive sphere of liberty which the Fourteenth Amendment protects.
See U.S. Const., Amend. 9.
As the second Justice Harlan recognized:
"[T]he full scope of the liberty guaranteed by the Due Process Clause `cannot be found in or limited by the precise terms of the specific guarantees elsewhere provided in the Constitution.
This `liberty´ is not a series of isolated points pricked out in terms of the taking of property;
the freedom of speech, press, and religion;
the right to keep and bear arms;
the freedom from unreasonable searches and seizures;
and so on.
It is a rational continuum which, broadly speaking, includes a freedom from all substantial arbitrary impositions and purposeless restraints, . . . and which also recognizes, what a reasonable and sensitive judgment must, that certain interests require particularly careful scrutiny of the state needs asserted to justify their abridgment."
Poe v. Ullman, supra, 367 U.S. at 543, 81 S.Ct., at 1777
5 posted on
05/06/2003 9:59:23 PM PDT by
tpaine
(Really, I'm trying to be a 'decent human being', but me flesh is weak.,)
To: tpaine
We would need 10 more supreme courts if each and every case brought on the 14th made it to court. There are too many obstacles to fight them.
Some try.
7 posted on
05/06/2003 10:02:55 PM PDT by
Cold Heat
(Negotiate!! .............(((Blam!.)))........... "Now who else wants to negotiate?")
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