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1 posted on 03/18/2003 7:44:03 PM PST by chance33_98
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To: chance33_98
The Constitution does not grant inalienable rights. It recognizes and enumerates some, but not all, of them. Nothing--not war, not emergency, not executive order, not an act of a legislature, can rightfully justify the violation of inalienable rights. This is because the needs of one person, no matter how urgent or severe, can not justify the violation the rights of someone else. You don't have the right to kill an innocent person, just because your own life is in danger. The number of people involved makes no difference.

The Constitution is not a suicide pact, but it also has no power to justify or legitimize the violation of any inalienable rights. It is not a contract wherein citizens agree to waive their inalienable rights in exchange for either citizenship or residency in the United States.
2 posted on 03/18/2003 8:01:26 PM PST by sourcery (The Oracle on Mount Doom)
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To: chance33_98
"The Constitution just sets minimums," Scalia said after a speech at John Carroll University in suburban Cleveland. "Most of the rights that you enjoy go way beyond what the Constitution requires."

This has got to be the most assinine statement I have read in some time. If this guy is really a conservative, we are in a world of trouble. I've read through many of the supreme court decisions and dissents made over the past decade, and have generally found Scalia's to be at least coherent, but If this guy really believes what he said above, I'll have to say that we are absolutely doomed to live in a totalitarian nightmare. I expect that from 'liberals', but not from 'conservatives'.

5 posted on 03/18/2003 8:47:19 PM PST by zeugma (If you use microsoft products, you are feeding the beast.)
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To: chance33_98
There seems to be 2 thoughts re: the constitution:
- that it enumerates rights
or that
- it restricts the government from infringing on specifically mentioned rights.

I just didn't expect this from Judge Scalia.
6 posted on 03/18/2003 9:00:08 PM PST by stylin19a (Having a hard time meeting people ? just pick up the wrong golf ball on the golf course.)
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To: chance33_98
"Most of the rights that you enjoy go way beyond what the Constitution requires."

I can't say I approve of this sort of talk from our highest officials. Didn't Clinton once say that we have too much freedom, or something to that effect? If so, then it seems to be a doctrine that most in government seem to hold, regardless of party lines or professed ideology.

There will be some people out there who will say they "trust" the government and it's wartime and they're willing to make sacrifices, etc., but to make that decision for all of us, and leave it so open-ended? They say this war is to protect/promote freedom, but what good is it when the government starts deciding what rights it will respect, and how much of those rights it will extend? Either they're rights, or they're not. Scalia makes them sound like privileges to be adjusted in light of the convenience of the moment. And the government is already whispering about torturing al-Qaeda prisoners, and of course people cheer it on and say "yeah, bring on the drugs and electrodes for those terrorists!" But how long until the drugs and electrodes are used on non-violent citizens who just disagree, for political reasons? It's a door I don't even want the government to think about opening.

War or no war, I guess I just can't win. Conservatives used to fully understand that government is never on your side, and never your friend. I guess now they think government is the enemy only when the Democrats are in office. My advice: don't let down your guard just because someone with an "R" after their name is in office.

7 posted on 03/18/2003 10:09:40 PM PST by Hoppean
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To: chance33_98
So, do we still want a Supreme Court filled with Scalias?
14 posted on 03/18/2003 10:54:40 PM PST by CrimeOf73
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To: chance33_98
Government, as any entity, protects itself and its ever expanding power against the People who created and allow government to serve, only by consent of the People.

Our Constitution says what it says without the article, amendment, clause, or even a word meaning, "those rights of the People, except as otherwise to be infringed at will by the Executive, Legislative, or Judicial branches of this or any submissive governments of the United States of America therein." Only our rulers claim that magic power not granted government by We the People. This issue is the ruling class' self-serving "stare decisis", under penalty of law, as our rulers will determine such law to be, regardless of what our Constitution actually states.

Judges and justices are needed only to interpret and apply the law, as written and lawfully adopted, to resolve certain conflicting causes of action, but blackrobes serve no Constitutional purpose in telling us, under penalty of law, what the Constitution will mean to the governed when the powers that be wish our inconvenient Constitution on life support. Bench law is no more than an insult whereby the judge and the people pretend that the "ruling" means anything.

The tree of liberty is parched from several generations of socialist, unConstitutionally interpretive adulterations abridging and infringing the clear and precise Law of the Land which limits the powers of government affirming the Rights of the People. We the People are the only guarantors of our liberty.

Fascism is nothing but criminally corrupt socialism where a self-selected elite abuses the police powers of the state, public treasury, and critical enterprises' factors of production to control the national economy to enforce their agendas.

The Democrat Party from LBJ through Bill & Hillary is clearly fascist, as the multiple felony bound XXX42 with his Chappasquaw suckling their accomplices in the House and Senate so blatantly demonstrated. Hillary stated that, "The Party is the nation."

Hillary with the Democrat Politburo is scheming more and more like fellow lawyer Vladimir Ilivich Lenin (Ulianov) while in exile, planning the Party's takeover of government.

IMO, Hillary lusts to appoint the next several SCOTUS justices and the critical appellate judges to control the United States. She like Bill would aggressively direct the radically expanding police powers of the State security apperatus, "Homeland Security". (Ask the Branch Davidians what that means; yes, a very few did survive the Clintons' 1993 pogrom.)

Should the Poliburo fail to take control, they risk their own prosecutions and imprisonment for years of debased and high crimes and misdemeanors. Democrats' level of corruptions may allow the Politburo complete, albeit temporary success.

Hillary and the XXX42 Politburo may fight for power of the State like Joseph Vissarionovich Dzhugashvilli (Stalin). Megalomania demands results. The Democrats have proven for all to see that they are willing to commit felonies and treason only to cover up to protect their own power. "The Party is the nation." As AlGore threatened, "You ain't seen nothin' yet!"

By conservatives or fascists adulterations, these "living" Constitution extralegal, aka outlaw, interpretations will kill our Republic as they attempt to control the Rights of the People.

The People can withdraw their consent to our rulers for their userpations by any means necessary at the time of our choosing.

Reread our Declaration of Independence and Bill of Rights, Tony, remembering that we, sworn to protect and defend our Constitution, outnumber rulers.
22 posted on 03/19/2003 10:00:10 AM PST by SevenDaysInMay
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To: chance33_98
I won't let it go beyond the constitutional minimum.

Yeah, right. Considering how many times Scalia has voted to severly restrict 4th Amendment rights, I'm really not sure what he considers a minimum to be.

23 posted on 03/19/2003 10:02:52 AM PST by dirtboy (Render yourself invisible to the media - attend a Rally for America today!)
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