...or Bill of Rights? It's not. And neither is "separation of church and state". Why are the liberals making up their own Constitution? Should they?
2006-10-20
17:10:32
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13 answers
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asked by
Anonymous
in
Politics & Government
➔ Government
http://answers.yahoo.com/question/index?qid=20061020210156AAveErk&r=w&pa=FZptHWf.BGRX3OFMhzVRUIbE97cscBh5xEiebf97Dv935rXpLg--#NbUvWzK4UDjfNqQxqOnm
2006-10-20
17:10:53 ·
update #1
imnogenuis, it has been ruled a "Right" by an ultra far left liberal judge, but if it was meant to be a blanket Right across the board, then wouldn't the founders have written it explicitly?
My position stands. It is a made up right by liberals, and substatiated by a liberal judge.
2006-10-20
17:49:04 ·
update #2
The right to privacy exists because of the First, Third, Fourth, Fifth, and Ninth Amendments.
The First Amendment provides for no establishment of religion, free exercise of religion (i.e. that you are free to practice the religion of your choice without interference -- a private decision), freedom of speech and press, the right to assemble, and the right to petition the government for redress of grievances.
The Third Amendment says that no soldier can be quartered (housed) in your home without your consent. In other words, your home is your private domain that cannot be used by others without your consent.
The Fourth Amendment says that you have the right to be "secure in [your] persons, houses, papers, and effects against unreasonable searches and seizures." Again, without your consent (the warrant provision of the Fourth), your personal property and records are not subject to the scrutiny of others.
The Fifth Amendment includes several key ideas. First, you cannot be compelled to be a witness against yourself in a criminal trial. This implies that your thoughts are in fact private or not for public consumption unless you choose to speak. Second, protections of life, liberty and property suggest that you are the sole guardian of your existence. A notion of privacy.
Finally, the Ninth Amendment is particularly important to the Court’s logic, it says, “The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people.” In other words, just because the "right to privacy" is not in the Constitution does not mean that the right does not exist. It is implied and therefore cannot be denied. Think of the Ninth this way, do you have a right to eat in the Constitution? According your your logic in the question, because the right is not listed in the Constitution directly you would not. However, it is listed through the Ninth just not spelled out like some other rights in the Constitution and the Bill of Rights.
The right to privacy is discussed in detail in Griswold v. Connecticut (1960) which deals with a Connecticut law that prohibits contraception. According to Connecticut law it was illegal to use birth control. Since when does the government have a right to say what you can or cannot do regarding procreation? This case articulates very clearly why there is a right to privacy.
Finally, the "separation of church and state" concept was written in a letter by Thomas Jefferson to the Danbury Baptist Association in 1802 where he discussed what the First Amendment meant. See http://www.usconstitution.net/jeffwall.html
Sorry for the length,
A Ph.D. in Political Science
2006-10-21 04:57:07
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answer #1
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answered by Soccer10 2
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Liberals regard the US Constitution as a "living document". this means they think that it can be read and interpreted in a variety of ways in order to fit the mood of the times. So, they think that by reading between the lines there actually is a "right to privacy" as per the 4th Amendment. As for the separation of church and state, the Constitution says that the government cannot establish or inhibit the free expression of any religion. The Liberals seem that means that absolutely no religious symbols should be seen in conjunction with any governmental symbols or on government property.
2006-10-20 17:24:20
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answer #2
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answered by MN_OTR 3
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The Constitution was never meant to be a list of the rights enjoyed by the People. It was meant to be a list of the things that the Government may do (and a few things that it specifically may NOT do). Although some specific rights of the People are codified in the Constitution, Article IX makes it clear that the Government is not all-powerful.
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. "
2006-10-20 23:46:29
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answer #3
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answered by Larry Powers 3
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Isn't that being mostly used to protect rich men and women's property? Because the patriot acts your president keeps passing doesn't leave many rights for the people. And I believe it is the Republicans who own most of the property in this country. After they lied, cheated, and stole it. Sometimes it even involved murder. Thats why it was so shocking that these churches decided to support them in the first place.
2006-10-20 17:57:50
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answer #4
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answered by Constitution 4
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in our world today, the constitution is someones dream that was cool at the time, but has no relevance in the police state we live in today. why is it liberal or conservative? what happened to right and wrong? it doesnt matter because we are turning into a country that is following the same path as other great civilizations before us, and you know what happened to them. alot of good people died in foriegn wars just to make sure that this country didnt end up the way it has. our present administration is doing nothing but spitting on their graves.
2006-10-20 17:35:12
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answer #5
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answered by chris l 5
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There are explicit rights and implicit rights interpreted from the Constitution. Right to privacy is an implicit right because it has been ruled so by the judicial branch of our government.
Evidently, according to your question, liberals understand the Constitution and conservatives don't.
In answer to your extra details:
How about our right to bear arms. The Constitution says our right is meant to arm a militia but says nothing about hunting, sports shooting, or personal self defense. I am a gun owner and a hunter. I wouldn't like to loose my right to own a gun or hunt because the Constitution were more narrowly interpreted.
2006-10-20 17:20:56
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answer #6
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answered by imnogeniusbutt 4
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Congress shall make no regulation respecting a company of religion, or prohibiting the unfastened exercising thereof; or abridging the liberty of speech, or of the clicking; or the impressive of the individuals peaceably to gather, and to petition the government for a redress of grievances. in case you could have no regulation respecting the agency or faith or prohibiting the unfastened exercising of the liberty of religion, Speech and what no... you in turn have a separation of Church and state. by way of fact the 2d you insert a particular faith into any regulation....you chop back the religion and strikes of people who my worship in any different case. So no the observe are no longer there the yet concept is genuinely there. the impressive seems to in basic terms choose separations of church and state whilst it incredibly is handy. such by way of fact the sink approximately church homes and delivery administration final week. each and every physique on the impressive abruptly have been annoying that separation then. shop government out of religion situation. and then via the tip of the week they have been asserting Obama exchange into undesirable by way of fact his schedule exchange into no longer based on the bible. you don't get it the two techniques. additionally in case you based your schedule on the bible you would be making regulations consistent with a company of religion-- therfor prohibiting the unfastened exercising any faith that chooses to no longer persist with the bible.
2016-10-15 06:16:10
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answer #7
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answered by Anonymous
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The 4th amendment protects against unlawful search and seizure, which covers a lot of privacy issues. I suppose people do often confuse that with private property rights established within each state.
Just because liberals are talking about their rights or imagined rights doesn't mean they are magically creating a Constitution that binds you to their imaginations. Why are you so frightened by the thoughts of the masses?
2006-10-20 17:13:13
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answer #8
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answered by Link Correon 4
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TRUE! They are making them up and then they have their little bald headed ACLU lawyers running around all the time trying to protect their meaningless rights and we have to try to tolerate them like cockroaches that just can't be eliminated.
There can be not right to privacy when THEY WANT TO KILL US!
Remember 9/11 everyone!
2006-10-20 17:20:28
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answer #9
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answered by Oh Tami !! 2
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This is also something that the conservatives have (up until recently) had no trouble supporting as well.
And there are Supreme Court Decisions that reaffirm this
2006-10-20 17:12:42
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answer #10
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answered by Anonymous
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