Posted by tecwrg on 5/22/2012 2:55:00 PM (view original):
Posted by jrd_x on 5/22/2012 2:45:00 PM (view original):
Posted by tecwrg on 5/22/2012 2:40:00 PM (view original):
Posted by jrd_x on 5/22/2012 2:36:00 PM (view original):
Posted by tecwrg on 5/22/2012 2:36:00 PM (view original):
It is absolutely relevant to this discussion if the Constitution is intended to guarantee and protect fundamental rights.
Do you agree or disagree that, in addition to other things, the U.S. Constitution is intended to guarantee and protect the fundamental rights of U.S. citizens?
So a fundamental right can be granted by the constitution?
No. But it can be identified and affirmed by the Constitution as a fundamental right.
Do you agree or disagree with that?
Identified and affirmed??? Your rights are granted legally by the constitution. You can believe that you have those rights absent the legal protection, but there isn't much you can do about it if someone decides to take them away.
So for a U.S. citizen to have a fundamental and protected right, it needs to be specifically spelled out in the U.S. Constitution?
For a US citizen to have any right, that right needs to be specifically spelled out in the constitution or through case law that establishes that whatever right is protected under constitutional language that doesn't specifically name that right.
Example: The constitution doesn't specifically say you have the right to get married. But the supreme court has established that marriage is a civil right based on language in the 14th amendment.