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lawrocket

What Rights should be Added to the US Constitution?

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There are plenty of people out there who refer to rights in the Constitution that are there, but not mentioned. There is authority for this in the 9th and 10th Amendments.

One of the issues we have here in America is that the courts are usually the ones stating what these rights are. Typically, there are good arguments on both sides as to the recognition of rights under the Constitution, even if they are not specifically delineated.

Some of these rights are corollaries to others. For example, Miranda rights were found to be necessary under the 5th Amendment. There is also the right to privacy and abortion, which the SCOTUS found as being included when putting together the 1st, 9th, 10th and 14th amendments.

Some think there should be the right to assisted suicide. Others think there should be a right to smoke, do drugs, etc. Others may think that the right to health care should be included.

What are some rights that are not delineated in the Constitution that you think are fundamental and, if the Constitution was amended, should be part of an amendment to the Constitution?


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As you state , the 9th and 10th Amendments grant this broad authority. I'm not sure what other "rights" would be necessary.
It is my understanding that the Legislatures, both state and Federal are the source of most laws in the United States with the courts having a right or at least a precedent of 'judicial review'. Hence the system of checks and balances.
Of course the Executive, being the power of the Federal Administration, can institute regulations of all kinds restricting all sorts of freedoms. Again, the Courts are the rightful place where these Executive or Departmental regulations may be challenged.

I think the US Constitution is the most remarkable political document in human history. Flawed though it may be. I would be very hesitant to support any new Ammendment unless it addressed a fundamental positive political change.

I think personal responsibility is the absolute right and duty of everyone.
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people should have the right to do what ever the fuck they want so long as it doesn't hurt other people.



Such as?

I mean, for example, should 10 year old kids be granted the freedom to enter the workforce if they want to? If their parents want them to?


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people should have the right to do what ever the fuck they want so long as it doesn't hurt other people.



Such as?

I mean, for example, should 10 year old kids be granted the freedom to enter the workforce if they want to? If their parents want them to?



Are 10 year old kids "people"?
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people should have the right to do what ever the fuck they want so long as it doesn't hurt other people.



Such as?

I mean, for example, should 10 year old kids be granted the freedom to enter the workforce if they want to? If their parents want them to?



Are 10 year old kids "people"?

Little people. In other coutries they are also soldiers.
Do your part for global warming: ban beans and hold all popcorn farts.

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people should have the right to do what ever the fuck they want so long as it doesn't hurt other people.



How about this:
People recognized as being of age where they are legally responsible for themselves should be allowed to do whatever the fuck they want so long as it doesn't hurt other people.

People that are not legally responsible for themselves should be required to do whatever the fuck the person who is responsible for them tells them to do, under the condition that it does not harm anybody.

Then, we have to define "harm".

And that's where "Think of the children" comes into play and everything goes to shit.
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Education



"Publicly Paid Education where all the Kids are required to attend"

or

"just access to a publicly paid education where parents can choose to send the kids"

or just

"if a parent wants to pay for a private education, anybody that has the price should not be denied"

for that matter

what is education?
"reading, writing, mathematics, science, history"

or

"above plus social studies"

or "above both plus breakfast plan, health checks, require community service, political correctness brainwashing, various special education programs, sports teams, after school day care, sex education"

or "all the above, plus social workers coming into private homes for inspections, parents taken to jail for giving a time out to the kid, full parental PC indoctrination, ......"


Prof - you can be pretty vague, and there are only about 7 of us that can read your mind. Even so, there is too much storm activity between here and Chicago for me to get a clear read.

...
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it shouldn't be necessary to spell out every right that should already be protected. Doing so will only marginalize this concept to start with.

And do we really want the US Constution to look anything like the one that California sports?

Maybe the privacy one should be listed as Kris suggests. Course, the Feds would ignore it.

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I'd like to see an amendment stating "The right of the individual to personal privacy shall not be infringed without due process."



You took the words right out of my mouth. Er...hands. Whatever.

:)
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The right to hit idiots over the head with a sock of manure for using their cell phones in theaters.

I don't think the Founding Fathers could have predicted that one, or it would have been in the Top 5 ammendments.
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1. Remove the ability of the courts to grant awards from "deep pocket" parties that are not involved in the mechanics of the case.

2. Universal non discrimination clause. No discrimination against any person, for any reason.

3. An end to capital punishment.

4. Remove the government, federal, state and local, from the content of media, news ,broadcast and print. Restrict the government to regulating the airways for the sole purpose of frequency assignment.

5. Restore punitive damages.

6. Repeal the court stripping clause.

7. Establish universal reproductive freedom for women.

8. Redefine the first amendment. Establish the "lemon test" as the criteria for church/state separation.

9. Repeal the tax exempt status of churches.

10. Remove the right of the legislature to restrict the administration in matters of foreign affairs.

11. Restrict military deployment to only declared wars. Only two thirds majority to declare war.

12. Establish full public funding for all elections.

13. Remove the practice of criminal defense to the courts. IOW, all criminal attorneys work for the courts. No jackpot justice for rich defendants.

14. Establish severe penalties for white collar crime and frivolous law suits.

Comments?
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How does that differ from the 4th? Or is it that you wish the gubment was paying attention to it?

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. "
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Yes. More or less, they are about universal freedoms. Freedom from sratification.
Skydivers don't knock on Death's door. They ring the bell and runaway... It really pisses him off.
-The World Famous Tink. (I never heard of you either!!)
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The right to privacy has been considered as "implied" in the constitution. I'd like to see it spelled out.

The fourth amendment is very specific, protecting against unreasonable searches. Privacy is about a lot more than searches. For example:

The courts have ruled that the fourth amendment doesn't apply to schools who want to do random drug testing of both athletes and students participating in clubs such as band or science olympiad. If a student participates in an extracurricular, the school can drug test them. The problems with this: The student must fill out a form that details medications they're taking and why. This form goes in the student's school file. Any teacher has access to student files and would be able to find out that a student is taking medication for conditions such as depression or HIV. The supreme court felt that this was not a violation of the fourth amendment, as the drug test was a search that was not "unreasonable."

A situation similar to the above would likely be covered by a privacy amendment, since the search wasn't unreasonable, but was performed without due process, as there was no warrant, probable cause, or even reasonable suspicion that students are taking drugs. It's simply random and didn't even require parental consent.

A privacy amendment would also likely prevent the government from requesting certain information about individuals from third parties without due process. For example, the govnernment probably wouldn't be able to request a list of all yahoo and google searches performed by all users, unless they went through due process.

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Yes. More or less, they are about universal freedoms. Freedom from sratification.



disagree - they might policies you'd like implemented but a big stretch to call many of them "rights". I read your 'list of stuff' and then say we need a Right to Not be Micromanaged

...
Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

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