What specific directive overrides our constitutional rights right now? Has the constitution become arbitrary?

[rich stacy]

Every part of the constitution, especially the amendments, are a fundamental basis for our laws. But as nobody could forsee every possible future happenstance, the USSC has repeatedly ruled that even a strict interpretation does not stand if there is a "compelling government interest" against it.

Nothing in the Constituion mentions any "compelling governmental interest." That's just a "get out of jail free" card for the Supreme Court when it wants to legalize something that is clearly not sanctioned by the Constitution.

As for yelling "fire" in a movie theatre, the owners can easily handle that problem by posting a notice to people not to do it unless there is a real fire, otherwise they will be held accountable. The SC didn't need to overthrow the Constitution to handle the problem.

The constitution is a document subject to interpretation of ambiguity, and that power to judge it taken by the USSC (Marburry v Madison) that allows for exigent contingencies to step on constitutional rights. For example take "eminent domain".

 

[Gdjjr]

The Constitution states "promote the general Welfare" of the citizens. If you exercise what you see as your individual right and it actually hurt the common welfare, that is counter to the Constitution. Selfish individuals like yourself, focus on your needs and ignore a specific purpose of the Constitution, promote the general Welfare of the citizens.

Actually that is for the gov't's purpose- We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

That is its role "to secure the Blessing of Liberty to ourselves, the people. As in the rights of the Individual to pursue his life in a manner he deems, not a bureaucrat empowered to act stupid when he took his/her oath of office. Promoting is touting something - not restricting someone.

 

[WTH_Progs?]

Politicians have ORDERED us to pretend we don’t have rights...Do we follow their orders without any pushback or do we challenge their right to impose such orders?
What do concessions such as theses lead to?

Valid question for sure. At this point I think we adhere and observe.

 

[Gdjjr]

The constitution is a document subject to interpretation of ambiguity,

No it's not! It's simple, easy to understand English- there was no ambiguity originally- lawyers (believing a sheep skin deems them omnipotent) made ambiguous writing, subsequent, an art form to intentionally confuse issues for job justification. Period.

 

[rich stacy]

when there is ambiguity as to the "intent" of the law.

Ambiguity is used by lawyers to intentionally misrepresent- the constitution is not ambiguous. It defines (enumerates) what the fed gov't is allowed to do- and what it not allowed to do- obama said it best- it's negative liberty- yes it is. It was intended to be. The Bill of Rights is specific- no ambiguity and only one caveat in the 4th amendment- ANY law subsequent that infringes (no matter how generally) is unconstitutional-

The constitution if filled with ambiguity in order to give it the flexibility to cover future happening unforeseen to the founders. Freedom of the press applies when there is no press. (Press refers to a printing press, a machine that imprints ink on paper)

 

[Nostra]

No, i'm imagining a system where each person of legal age and a citizen of these Unite States, and not the subject of either mental or criminal confinement gets to have a vote for president that carries equal weight against anyone elses vote.

I read something that said that idea would mean LA county would have more say than like 20 states.
No thanks. The Founding Fathers were much smarter than you and your ilk.

It's a strange concept that you want to give acreage, more votes than people.

Acres don't vote.

 

[rich stacy]

The swine flu (H1N1) had tests and a vaccine. And in the end resulted in 20% of the people catching it, but less than 20,000 fatalities from it.

The vaccine wasn't available until a year and a half from the time they decided to start working on it.
We have tests, so that excuse is ludicrous.

The swine flu tests were rolled out quicker, and in greater number. This allowed them to "flatten the curve" so that there were only 1,000 fatalities after six months,
The vaccine then allowed for keeping the next wave from being as deadly. In the end fewer than 20,000 fatalities from H1N1 over a span of two flu seasons.

 

[rich stacy]

The fire in movie theater is so old and tired and irrelevant. That is not speech, it’s an act. It’s to create panic.

All speech is subject to creating panic. All speech is subject to causing deadly consequences. An example if when Bill O'Reilly referred to Dr Hiller, as Dr. Hiller the "baby killer" Which promoted someone listening to him, to take a gun and shoot the doctor as he attended church.

 

[Nostra]

Politicians have ORDERED us to pretend we don’t have rights...Do we follow their orders without any pushback or do we challenge their right to impose such orders?
What do concessions such as theses lead to?

The Constitution states "promote the general Welfare" of the citizens. If you exercise what you see as your individual right and it actually hurt the common welfare, that is counter to the Constitution. Selfish individuals like yourself, focus on your needs and ignore a specific purpose of the Constitution, promote the general Welfare of the citizens.

It says promote, not provide. Huge difference Dimsocialists can't grasp.

 

[Nostra]

The fire in movie theater is so old and tired and irrelevant. That is not speech, it’s an act. It’s to create panic.

All speech is subject to creating panic. All speech is subject to causing deadly consequences. An example if when Bill O'Reilly referred to Dr Hiller, as Dr. Hiller the "baby killer" Which promoted someone listening to him, to take a gun and shoot the doctor as he attended church.

All speech is subject to creating panic.

Among Dimsocialist Snowflakes.

 

[Dick Foster]

The Constitution has always been optional to tRumplings.

On the contrary, today it is Democrats who are declaring war on the Constitution, claiming that, they want to abolish the electoral college and pack the Supreme Court with liberal justices. It's not Republicans that have threatened Supreme Court Justices.
It's the Progressive Marxist Socialist/DSA that continues to attack the First, Second, Fourth and Fifth Amendments of the Constitution including the Electoral College.
It was the PMS/DSA Leftist President #44 that chose to "Fundamentally Transform America" into a Marxist Socialist State....

Silliness. There is a situation here.

Its morons like you that help make true freedom such a rare and precious commodity.

 

[rich stacy]

That is its role "to secure the Blessing of Liberty to ourselves, the people. As in the rights of the Individual to pursue his life in a manner he deems, not a bureaucrat empowered to act stupid when he took his/her oath of office. Promoting is touting something - not restricting someone.

The job of government is to restrict people from doing what they want. That's the very definition of the penal codes they enact. That the general welfare requires that a person is not allowed to take the property of another, or to trick or deceive another out of their property. To restrict how fast one can drive on the public roads.

Government is all about looking at the "general welfare" and restricting the activities that impinge upon it.

Think of the old saying "There ought to be a law." Well laws tell people what they "can't do". It impinges of their freedom to do something. You can't take a big gulp thru airport security.

 

[Nostra]

That is its role "to secure the Blessing of Liberty to ourselves, the people. As in the rights of the Individual to pursue his life in a manner he deems, not a bureaucrat empowered to act stupid when he took his/her oath of office. Promoting is touting something - not restricting someone.

The job of government is to restrict people from doing what they want. That's the very definition of the penal codes they enact. That the general welfare requires that a person is not allowed to take the property of another, or to trick or deceive another out of their property. To restrict how fast one can drive on the public roads.

Government is all about looking at the "general welfare" and restricting the activities that impinge upon it.

Think of the old saying "There ought to be a law." Well laws tell people what they "can't do". It impinges of their freedom to do something. You can't take a big gulp thru airport security.

The job of government is to restrict people from doing what they want.

Complete and utter bullshit. The Constitution spells out the limitations of the government, and outlines the VERY FEW things the govt is charged with doing. You are a complete idiot.

 

[WEATHER53]

Politicians have ORDERED us to pretend we don’t have rights...Do we follow their orders without any pushback or do we challenge their right to impose such orders?
What do concessions such as theses lead to?

The Constitution states "promote the general Welfare" of the citizens. If you exercise what you see as your individual right and it actually hurt the common welfare, that is counter to the Constitution. Selfish individuals like yourself, focus on your needs and ignore a specific purpose of the Constitution, promote the general Welfare of the citizens.

Remember it says promote and not provide not protect
Essentially dont get in the way of the general welfare so as to promote it. Nothing about shutting the nation down over an annually occurring health issue nor choking off ALL of society in order to protect a very small element that may not do well.

 

[bripat9643]

They knew it went against the "ideals of democracy," moron. They despised mob rule. That's why they created a Republic.

Actually they were the learned men who did not trust the commoner to know their ass from their elbow.

Exactly what I said. They were hostile to democracy.

 

[B. Kidd]

That is its role "to secure the Blessing of Liberty to ourselves, the people. As in the rights of the Individual to pursue his life in a manner he deems, not a bureaucrat empowered to act stupid when he took his/her oath of office. Promoting is touting something - not restricting someone.

The job of government is to restrict people from doing what they want. That's the very definition of the penal codes they enact. That the general welfare requires that a person is not allowed to take the property of another, or to trick or deceive another out of their property. To restrict how fast one can drive on the public roads.

Government is all about looking at the "general welfare" and restricting the activities that impinge upon it.

Think of the old saying "There ought to be a law." Well laws tell people what they "can't do". It impinges of their freedom to do something. You can't take a big gulp thru airport security.

Restrictions are for stupid people who lack common sense. Unfortunately, smarter people are burdened by an abundance of restrictions.
That alone should tell you that common sense is no longer common!

 

[ElmerMudd]

Politicians have ORDERED us to pretend we don’t have rights...Do we follow their orders without any pushback or do we challenge their right to impose such orders?
What do concessions such as theses lead to?

The Constitution states "promote the general Welfare" of the citizens. If you exercise what you see as your individual right and it actually hurt the common welfare, that is counter to the Constitution. Selfish individuals like yourself, focus on your needs and ignore a specific purpose of the Constitution, promote the general Welfare of the citizens.

How do you "promote the general welfare" while concurrently trampling on the rights gifted to the citizenry?

If you do not understand the general welfare during the times of coronavirus, you are incapable of understanding general welfare. People who are obsessed with themself will never understand anyone's or any group's needs other than their own.
What is your opinion on how Constitutional rights were dealt with during World War II

 

[LuckyDuck]

The Constitution has always been optional to tRumplings.

Actually, when it comes to a political party thinking the Constitution is optional, one need look no further than what used to be called the "Democratic Party." It's the left that has been screaming to end the "Freedom of Speech," the "Second Amendment," and "Due Process."

 

[ElmerMudd]

The Constitution states "promote the general Welfare" of the citizens. If you exercise what you see as your individual right and it actually hurt the common welfare, that is counter to the Constitution. Selfish individuals like yourself, focus on your needs and ignore a specific purpose of the Constitution, promote the general Welfare of the citizens.

Actually that is for the gov't's purpose- We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

That is its role "to secure the Blessing of Liberty to ourselves, the people. As in the rights of the Individual to pursue his life in a manner he deems, not a bureaucrat empowered to act stupid when he took his/her oath of office. Promoting is touting something - not restricting someone.

You exercising your individual rights cannot trample the rights of others, especially the right to LIFE!

 

[WEATHER53]

“And secure the blessing of Liberty” right after referenced general welfare but not one shutdowner libbie would ever mention that. In essence, liberty has been removed in order to cater to a bunch of frightened USA and Trump haters to possibly protect the debatable and dubious “rights” that some Feel (Not think) they have to minimize their 2.5% chance of becoming sickened.