Can A State Take Away Your Rights?Submitted by vinceableworld on Mon, 12/03/2012 - 16:12
ATTENTION MODS: Again I am calling for a separation of the topics of "politics" and "law" - since politics in most cases has virtually nothing to do with actual REAL law.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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.
In the ninth amendment bear in mind that the states are not mentioned. While enumerating certain specific rights the founders felt very strongly about - the ninth amendment was put in place for the express reason that if they forgot anything - no "government" body could legislate with regard to a perceived right which was not referenced in the constitution.
Take for example certain rights which were so widely understood by "government" at the time - for example the right to travel - since it would seem quite silly to need a "license" to ride a horse... that there was no perceived need to specifically enumerate it in the constitution. It is my assertion that the STATES have created a back door... contracted with you via a commercial "Driver" license - made you and employee and issued you a license to act as one of their agents.
The reason you have this contract called a "DRIVER LICENSE" is because the constitution protects your unlimited right to contract.
Article 1 - Section 10
No State shall...pass any...Law impairing the Obligation of Contracts...
There are many cites which uphold the people's right to travel - unencumbered by licenses or fees however the most specific example of the people's right to travel can be demonstrated by the following Court decision:
"The Right of the Citizen to travel upon the public highways and to transport his property thereon, either by horse drawn carriage or by automobile, is not a mere privilege which a city can prohibit or permit at will, but a common Right which he has under the right to life, liberty, and the pursuit of happiness." ~ Thompson vs. Smith, 154 SE 579
This post is not only about the right to travel but any perceived right that you think you have... which is not enumerated in the constitution - which the STATE has encroached upon.
So the question remains for the readers... granted what you've just been exposed to: CAN A STATE TAKE AWAY A RIGHT IF IT IS NOT EXPRESSLY PROTECTED BY THE US CONSTITUTION?
Just to really drive the point home I present you the following from Article VI:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding [not with standing basically means it has no FOUNDATION ... in LAW to STAND ON].
If you DO believe the STATES can do "whatever isn't in the constitution" then provide the references to back it up please. Everyone's got an opinion... the question is can you BACK IT UP with facts?