Monday, July 07, 2008

10 things that might surprise you about the Constitution

I found it, but I couldn't find it on the Tribune's website. I found it from courier-journal.com. Here are some points I want to highlight...
The entire Constitution applies only to government. That means students at a private university have no First Amendment right to peacefully demonstrate on campus, while students at a public college have such protection. If you work in the private sector, you cannot wear a button supporting a candidate while on the job if your employer objects.

From 1791, when the Bill of Rights was ratified, until the 20th Century, those amendments restrained only the federal government. Any state could abridge those fundamental rights. In 1937, the Supreme Court upheld the murder conviction and death sentence of a man Connecticut put on trial twice for the same crime, in violation of the double-jeopardy clause of the Fifth Amendment. The Court said the amendment didn't apply, and the state executed him.
Well the first point I'm not surprised by. I can either choose to publish some comments here on this blog or I can choose not to. Of course in the case of this blog, I don't moderate the comments here, but I have on occasion saw fit to delete some comments.

One major reason for that is to cut down on spam. Some of them may be on target on a particular subject, but they may contain a website. It's almost as if they're peddling something and using my blog to spread the product.

Recently there was a post on my blog that I thought was a personal attack. Indeed I didn't want my blog to be a vehicle for that. As a matter of fact what was said may very well have been the truth and the commentor chose to use this blog as a platform to spread some ideas about this individual's private life. I also thought it libelous of course that has to be proven should that individual choose to pursue legal avenues against that activity.

That being said I don't exactly have to publish anyone's thoughts here. The guidelines are next to nothing here as far as comments. I just make adjustments as needed, and it's largely under my discretion. It helps that the comments section isn't busy.

As for the second point, that states don't have to observe the bill of rights. Well I'm glad that era is over the rights one would have under the federal government should just as easily be observed by state and local governments. Why in the rest of the country should a man be tried twice for the same crime in direct violation of the 5th amendment. Of course it should be noted even state constitutions have bill of rights, Illinois' constitution have a bill of rights that serve to in some respect reinforce the federal bill of rights.

To be sure, I think states do have a certain sovereignty. A sovereignty to tend to their own affairs as they see fit. Of course as sovereign states, would such states have a right to leave a union such as the United States?

All the same, if you're part of a union that has a constitution as the supreme law of the land, then a sovereign state should have to honor that supreme law of the land. We shouldn't expect any less! That means you Mayor Daley as he seeks to beat the Supreme Court ruling in DC v. Heller!

Oh and please read the whole thing!

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Comments are now moderated because one random commenter chose to get comment happy. What doesn't get published is up to my discretion. Of course moderating policy is subject to change. Thanks!