Quote:
Originally posted by ElricMorlockin:
Perhaps for a different thread but what the hell! TL your comment about absolute rights to gun ownership is interesting to be honest. Of all the Bill of Rights, why is this so, while the others ARE considered absolutes?
For instance, the VI guarantees everyone a fair and unbiased trial or better the XIII prohibits me from holding slaves (if in fact I, for some unkown reason decided I wanted one). Those *are* etched in stone, yet the SECOND one isnt it? Jefferson was very specific on the original configuration of the ammendments.
shortened version "Our first is all about free excercise (religious freedom, speech and press), and the second guarantees the first."
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Sorry, Elric, you misunderstand. All constitutional rights are limited in some way or another. Plus the 13th Amendment is not the Bill of Rights (which is the first 10 Amendments). That said, here are some examples:
1st Amendment:
Right to Speech - Any state or local government can limit the time/place and manner of speech - making you check local calendars and schedule your protest or gay parade at specified times. Also, some speech is NOT protected speech - like commercial speech.
Right to Free Exercise of Religion - Basically abolished considering how much Justice Scalia limited it in his Smith v. Employment Division case. It got hit hard because in that case 2 Native Americans were fired from work for using peyote. They went to court seeking unemployment benefits based on the denial of their free exercise. You cannot, except in some cases, refuse health care or education to your kids, no matter what your religion states. You cannot kill, maim, or even violate cruelty to animals laws based on religion.
Right to Freedom of the Press - very strong. But, again not absolute. Just ask the reporters surrounding Watergate, Whitewater, and Iran Contra.
8th Amendment: Prohibiting cruel and unusual punishment. Basically abolished - no case has been won on this notion in decades. Note that death penalty is ruled not cruel and unusual.
I have more examples, but not the time. Do an ALLTHEWEB search though and find out for yourself.