Sunday, 25 November 2012

The American Republic - Mach II

(cont'd from 'Privacy Lost: The Death of the 4th Amendment' -  Bob Livingston - Nov.23)

Buster the Anatolian says:
Good article Mr Livingston.
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  • Vigilant says:
    November 25, 2012 at 11:53 am
    Mr. Livingston says, “For those who failed to learn the Constitution during their incarceration in the U.S. non-education system, that one [4th Amendment] applies to privacy.” 

  • Before any Conservative decides to champion the “right to privacy,” they should seriously consider that it was the activist proponents of the Constitution as a “living” document who CREATED the “right.”

  • Yes, to use the words of Justice Hugo Black in Griswold v. Connecticut (1965), “the right to privacy is to be found nowhere in the Constitution.” He was correct.
    The “right” “was created by being discovered in 1965 in ‘penumbras, formed by emanations’ from the First, Third, Fourth, Fifth, and Ninth Amendments.” (Walter Berns, “Taking the Constitution Seriously”)

  • Once established, it became the basis for Roe v. Wade, and in Lawrence v. Texas (2003), Justice Kennedy “described the ‘right to privacy’ found in Griswold as the ‘most pertinent beginning point’ in the evolution of the concepts embodied in Lawrence,” (Wikipedia), regardless of the fact that the opinion in Lawrence was framed in terms of the right to liberty.

  • The 4th Amendment is indeed a guarantee against “unreasonable searches and seizures;” it does not establish a right to privacy.
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    • kibitzer3 says:
      November 25, 2012 at 9:44 pm
      Excellent points, Vigilant. O what a tangled web we weave…

    • The rot started in even earlier, in my estimation, when activist-minded legal beagles used the 14th Amendment’s ‘due process clause’ to overturn the whole thrust of the Constitution, and make of it a contract applying FROM the federal government TO the States/the people. The ‘principle’ used there was a high-falutin’ phrase (these lawyers…) called ‘incorporation’ – that all of the rights referred to in the Bill of Rights, preventing the federal government from doing such-and-such (known as ‘negative rights’), were now to be applied the other way around; when all the 14th said was that no State shall deprive any of its citizens – who were, by the enactment of that amendment, also now citizens of the United States – of life, liberty or property, “without due process of law”. That is, that no State’s laws or actions shall be arbitrary. Nothing about turning the Constitution on its head. If that had been the intent of the14th, its architects could have proposed an amendment that said: “All the powers formerly reserved to the States or to the people shall now be found within the purview of the federal government” – and let’s see how THAT would have gone down with the lawmakers of the time. No. This ‘incorporation’ business has been a fraud from the git-go. And the American people need to understand these things. They are giving up on a form of government that they really don’t understand properly. 

    • There’s that ‘education’ issue again…


ibcamn says:
what most people dont realize YET,is this country is going to hit bottom and then reset itself(as what who knows)read history,what happens to a gov’t like this one,that feeds off the have nots?big gov’t!when all the little people cant pay the taxes and the ruling govt cant take a thing in to pay itself or its loan from afar?!unions will turn and an uprising blah blah blah…read your history!!!
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  • DaveH says:
    November 25, 2012 at 2:33 pm
    After it hits bottom, we will have no choice but to return to the Productivity that results from Capitalism. Then as the economy rebuilds, the numbers of non-productive takers will start growing again until the next useless experiment with Socialism starts.

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  • kibitzer3 says:
    November 25, 2012 at 10:15 pm
    The ‘saving grace’ that I see in all this, ibcamn and DaveH, is that we do indeed “hit bottom”, have a reset, which now – with history having gone globalized, and thus at a peak point; also described as Synthesis – takes us into a New Era for humanity. At least, those who can make the cut (based on their consciousness; recognizing us ALL as ‘spiritual beings having a human experience’). 

  • The rest will just have to continue to wrestle with these sorts of 3D conundrums. Until they ‘get it right’ – recognize the duality in all that is going on; for a purpose – and move up a notch on the spiritual stairway as well. Recognizing, that is to say, that it is all an exercise in a classroom. 

  • ‘The play’s the thing, in which to catch the conscience of’ us all.

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