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"The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right to life, liberty, and the pursuit of happiness." Thompson v. Smith, 154 SE 579.
Those who have the right to do something cannot be licensed for what they already have the right to do as such license would be meaningless. City of Chicago v Collins (19__) 51 NE 907, 910.
"Personal liberty largely consists of the Right of locomotion -- to go where and when one pleases -- only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the Citizen to travel upon the public highways and to transport his property thereon, by horsedrawn carriage, wagon, or AUTOMOBILE, is not a mere privilege which may be permitted or prohibited at will, but the common Right which he has under his Right to life, liberty, and the pursuit of happiness. Under this Constitutional guarantee one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another's Rights, he will be protected, not only in his person, but in his safe conduct.” American Jurisprudence 1st Edition, Constitutional Law, Sect.329, p.1135.
Originally posted by Xcathdra
reply to post by daddio
If we go by the plain text reading of the Constitution, then black people are 3/5 of a person.
Originally posted by Xcathdra
reply to post by daddio
If we go by the plain text reading of the Constitution, then black peple are 3/5 of a person. Traveling within a state and across state borders is constitutionally protected. The manner of travel is not.
Dont know what else to tell you.
THE motive of our Founding Fathers was totally self-centered. It was their personal greed that inspired them to accept the task of writing the Constitution of the United States and not patriotism. In actuality, the United States is not a land or a place: ‘It is a corporation, a legal fiction that existed well before the Revolutionary War.’ [See: Republica v. Sween, 1 Dallas 43 and 28 U. S. C. 3002 (15) ].
Documented proof that the Constitution was not for us can be found at Padelford, Fay & Co. v. The Mayor and Aldermen of the City of Savannah, [14 Georgia 438, 520]. This was a Court case wherein the Plaintiffs sued the City of Savannah for violating what they believed were their constitutionally-protected rights. The decision of the Judge says it all: "But indeed, no private person has a right to complain, by suit in Court, on the ground of a breach of the Constitution, the Constitution, it is true, is a compact but he [the private person] is not a party to it." [Emphasis added]
As to the comment about racists, a racist might interpret this to mean that those "other persons" as being less than human or to deny them access to their rights or the protection of the law.
The Three-Fifths compromise was a compromise between Southern and Northern states reached during the Philadelphia Convention of 1787 in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States House of Representatives.It was proposed by delegates James Wilson and Roger Sherman.
Delegates opposed to slavery generally wished to count only the free inhabitants of each state. Delegates supportive of slavery, on the other hand, generally wanted to count slaves in their actual numbers. Since slaves could not vote, slaveholders would thus have the benefit of increased representation in the House and the Electoral College. The final compromise of counting "all other persons" as only three-fifths of their actual numbers reduced the power of the slave states relative to the original southern proposals, but increased it over the northern position.
Originally posted by apacheman
A lot of LEOs on here claim they'd never draw down on their fellow citizens if ordered to by the government, a claim I seriously doubt.
The situation in Wisconsin, where the Governor is trying to outlaw all the unions (except for police and firefighters) is a good test case to prove the pudding.
How many of you LEOs would help break up the teachers' and other unions' members demonstrations protesting this violation of their civil rights? I'm pretty sure each and every one of you would wind up swinging a baton on their heads if ordered to do so.
Seeashrink, with all due respect, despite the fact you seem to be a good cop, a rarity, would you really leave your job if you were a Wisconsin cop, or would you bash heads as ordered? I'm pretty sure headbashing will begin there, because it has happened so many times before for the same reasons, and each and every time, the police, both good ones and bad ones, line up shoulder to shoulder and draw down on their fellow citizens to protect some corrupt corporate/political types.
If you were a Wisconsin cop, would you beat down fellow citizens for demanding what you have...a union? Or would you join with your union brothers and sisters and fight for everyone's rights?
My guess is that pretty much all cops will opt for personal job security, same as they go for personal physical security while denying it to others.
Originally posted by apacheman
reply to post by seeashrink
Then, indeed, you are a good one, most sorely needed at this time, and have my profound respect.
I fear as the real economy shrinks and food prices climb, we will see more demonstrations for a wide variety of reasons, both legitimate and ridiculous, and the opportunity combined with official displeasure with such and a permissive oversight will be too much for the cowboy cops to resist, and things will get out of hand quickly.
Take care of yourself, and try to find like-minded cops so you can work together and be the calm tuning forks that keep the wavering in line remembering their duty when times get difficult. It would be well to think through and identify some folks you might wind up facing across a line and make friends now, so at least there are some open, if unofficial, channels of communication available based on mutual trust and understanding.