Fav Bill of Rights Amendment? which one and why so - all welcome, including non Americans
Posted: Tue Aug 11, 2020 1:30 am
For me - as stated many times before, one of the most ignored, and only used once AFIAK - in the interacial 1968 court case of Virgina vs Loving - where the "defense of marriage" - lol, was used by the Loving lawyer to claim the 9th affirm liberty of association via marriage to anyone a man choses per a women regardless of race of the latter or former.
as stated my fav is the 9th, not due to loving - though my current gf is not of my race (thank god it ain't 68 anymore) - but due to its overall view.
i.e. 9th says in effect: just because we have 11 amendments that affirm rights to persons, should not mean there are no other rights.
and specifically, i have been a rabid proponent of Jury Nullification (Jury Pardon is a lesser know term for the same concept and the one i value more - for it imparts the proper mindset of the thing IMO).
Jurors are like the Governor, and when their conscience is challenged they have the right to aquit anyone they know as guilty under a law they reject via their conscience.
- so what is your your fav amendment - Henry i rem from last year in the same thread - you love our 2nd, not a fan myself but you do you.
ademdum:
Henry, the 2nd codified what was already fully legal via common law - both prior to 1789 and post it - and why via common law its still legal to own a gun in England (harder now thanks to Hungerford - 1985) - before you could just buy one, like here in the States, after - now - you have to be a member of a gun club. and so if you join a gun club you can still get your gun if you live in England.
2nd makes it harder to legislate gun ownership, but it in no way "granted it" - for as i said, the Brits/ausies (ausies had some nut in early 90's that made it the similar to Brits 5 yr earlier) and americans had the right to own a gun without the 2nd, just via common law (which is what the 9th affirms BTW).
Secondly, there are American Court cases 200 yrs ago that affirm colonial common law (when America was a part of Britain) as ameican law, and i suspect they refered to the 9th in thier rulings, though do not know so for fact.
as stated my fav is the 9th, not due to loving - though my current gf is not of my race (thank god it ain't 68 anymore) - but due to its overall view.
i.e. 9th says in effect: just because we have 11 amendments that affirm rights to persons, should not mean there are no other rights.
and specifically, i have been a rabid proponent of Jury Nullification (Jury Pardon is a lesser know term for the same concept and the one i value more - for it imparts the proper mindset of the thing IMO).
Jurors are like the Governor, and when their conscience is challenged they have the right to aquit anyone they know as guilty under a law they reject via their conscience.
- so what is your your fav amendment - Henry i rem from last year in the same thread - you love our 2nd, not a fan myself but you do you.
ademdum:
Henry, the 2nd codified what was already fully legal via common law - both prior to 1789 and post it - and why via common law its still legal to own a gun in England (harder now thanks to Hungerford - 1985) - before you could just buy one, like here in the States, after - now - you have to be a member of a gun club. and so if you join a gun club you can still get your gun if you live in England.
2nd makes it harder to legislate gun ownership, but it in no way "granted it" - for as i said, the Brits/ausies (ausies had some nut in early 90's that made it the similar to Brits 5 yr earlier) and americans had the right to own a gun without the 2nd, just via common law (which is what the 9th affirms BTW).
Secondly, there are American Court cases 200 yrs ago that affirm colonial common law (when America was a part of Britain) as ameican law, and i suspect they refered to the 9th in thier rulings, though do not know so for fact.