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I certainly understand NOT being allowed to kill someone willy nilly or to vandalize property but

Why can't a man have multible wives like some religions permit?

Or why cant a person grow or make a currently illegal crop on their premises if it is for their own consumption on their own time and by consuming these thing do no harm to others.

These are but two examples I am sure that many others could be brought forth if necessary for example personal safety laws.

After a person(s) harm others or vandalize property extertera then the 'law' can apprehend them and deal with them appropriately.

Certainly a person should have some level of security and comfort and I beklieve much of that has been lost because our neighborhoods have become so large and the demand for our time so great that we do not have the time or effort to know all or even most of the neighbors even in our own small block.

& people come & go so quick a year, three, five and their gone.
Thats 1-5 4th july's or ...

2006-09-10 18:04:22 · 5 answers · asked by concerned_earthling 4 in Politics & Government Law & Ethics

5 answers

Most of these rights are actually phrased on the Constitution as the government not being allowed to take your life, liberty or property without due process (5th and 14th Amendments).

That means that yes, they are rights, but only relative to government action that would infringe them. As far as "pursuit of happiness", the Court has interpreted that to fall under the "life and liberty" part.

The "due process" part is the key element. Things like growing illegal crops, banning multiple marriage, safety laws, etc. -- those can be prohibited if the laws are enacted with due process. In other words, they can't be imposed arbitrarily or whimsically, they must serve a legitimate government interest, and you cannot be punished for those offenses without an opportunity to defend yourself. That's the nature of the legal system. Due process.

2006-09-10 18:07:15 · answer #1 · answered by coragryph 7 · 4 0

It's just a slogan.

I'll partly agree with coragryph about the Due Process Clause, except to add that the judicial branch cannot use the Clause to second-guess the legitimacy of a law passed by a legislature. The Due Process Clause requires that courts and tribunals guarantee due PROCESS to every person being called before courts/tribunals. But the court/tribunal may not question the SUBSTANCE of the law which a legislature has passed. (Unless, of course, the legislature was addressing the procedures used by courts/tribunals.)

So if a legislature bans polygamy and marijuana usage, that's your tough luck. If you're called before a court/tribunal to answer a charge that you have violated a law, then you are guaranteed due process during the proceeding. But the court/tribunal cannot second-guess those laws themselves.

2006-09-11 01:41:52 · answer #2 · answered by Anonymous · 0 0

The joys of living in a democracy. If a majority of your friends decide that something is against the law you can't do it even if your certain that you have the right, from conviction or from divine direction, to do it. That simple statement covers all the examples you can come up with. If the majority or their representatives make it illegal, it is illegal. Sorry, suck it up and live with it.

2006-09-11 01:15:01 · answer #3 · answered by ? 5 · 0 1

Its just a slogan. Rights revolve around the mighty dollar these days.

2006-09-11 01:31:01 · answer #4 · answered by Kristy C 1 · 0 0

it applies if youre not white and or born here and are white

2006-09-11 01:08:39 · answer #5 · answered by Anonymous · 0 3

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