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05-21-2008, 10:14 AM
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Machiavelli Incarnate
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Join Date: Aug 2006
Location: mountains of East TN
Posts: 9,226
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Quote:
Originally Posted by Dom1
Inevitably some rights will infringe on the rights of others. That is when the courts decide which rights are more "important".
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Can you name an instance where my rights will infringe on some right of yours? By definition a "right" cannot be legally infringed, only privlidges can be.
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Its better to have fussed and crabbed then never to have fussed at all - Lucy
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05-21-2008, 10:17 AM
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Machiavelli Incarnate
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Join Date: Jul 2006
Posts: 12,778
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Quote:
Originally Posted by Suburbanite
Of course.
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Actually, I don't think you do. Or if you do, you just can't apply it.
Quote:
Originally Posted by Suburbanite
wrong
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Read a book, we don't have the second ammendment to force the government to change the Constitution. I don't know where you got such a stupid idea from.
Quote:
Originally Posted by Suburbanite
Disagreeing with 300 year old specters might seem like sacrilege's to you and your jesus croneys but to any sane operant within our government its an easy choice.
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Agree or disagree . . . I don't care. I also didn't say I agreed with it, please try to pay fucking attention. I was just stating a fact. Or are you going to try and tell me Foudning Fathers didn't say this?
Quote:
Originally Posted by Suburbanite
I swear allegiance to our founder fathers, on whatever was their stand, for one nation, under ghosts with other bullshit for no one.
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You really aren't all that bright, are you?
Quote:
Originally Posted by Suburbanite
It is inherent in their condition, but the strong can, if liberal enough, make the world as peaceful for the weak as they'd like.
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What does 'liberal' enough mean anyway? Give any group a bunch of power and you will see rights taken away. That was an incredibly dumb statement by you.
Quote:
Originally Posted by Suburbanite
Thats another fallacy. I think that the strong can constitute the entire body of people, thats what equality is about, thats what a representative democracy is about.
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That is a utopia you are talking about and I don't even know if extremely unrealistic would go far enough in describing what you are saying.
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05-21-2008, 10:23 AM
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Machiavelli Incarnate
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Join Date: Jul 2006
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Quote:
Originally Posted by nathanbforrest45
Can you name an instance where my rights will infringe on some right of yours? By definition a "right" cannot be legally infringed, only privlidges can be.
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The Shepard case (what the Fugitive was based upon).
The freedom of the press conflicted with Shepard's right to have a fair trial. Shepard's right was deemed more important.
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05-21-2008, 10:30 AM
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Machiavelli Incarnate
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Join Date: Jul 2006
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Quote:
Originally Posted by NAT
Quotes are unsuited for this arguement for a number of reasons. Quotes can be taken out of context, mangled and snipped past all recognition, or, as I have found many times during such a debate, manufactured and/or merely attributed to a particular person. And those that are accurate and sourced reflect that person's personal opinions.
And this isn't mentioning the protracted "Quote Wars" that result, since quotes can be found to suit anyone's views.
What is important is the document that they created, a secular document that guarantees our rights by law, and also protects our religious equality and freedom by keeping the institution of religion, and the institution of government, seperated.
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Sure quotes can be taken out of context, but it is pretty clear that many of the Founders did view rights coming from some higher authority, whether you want to believe it or not.
I don't misattribute quotes to people, but I often catch others doing so. Most of the time it is from people from the far left that say religion had no role in the founding of this nation - which is utterly ridiculous to even suggest.
None of what you said has anything to do with the fact that many of the Founders did say that rights came from a higher authority. It doesn't matter if you or I or anyone else believes that, it doesn't change what the author's of the Constitution thought.
He asked the question where rights come from and I gave an answer based on what our Founding Fathers had said.
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05-21-2008, 10:31 AM
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Machiavelli Incarnate
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Join Date: Aug 2006
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Quote:
Originally Posted by Dom1
The Shepard case (what the Fugitive was based upon).
The freedom of the press conflicted with Shepard's right to have a fair trial. Shepard's right was deemed more important.
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Were the rights of the press denied in this instance or were members of the press merely stopped from attending the trial and therefore could not get information? The press could and did ask questions, it was just that no one was answering them.
__________________
Its better to have fussed and crabbed then never to have fussed at all - Lucy
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05-21-2008, 10:37 AM
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Machiavelli Incarnate
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Quote:
Originally Posted by nathanbforrest45
Were the rights of the press denied in this instance or were members of the press merely stopped from attending the trial and therefore could not get information? The press could and did ask questions, it was just that no one was answering them.
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The rights of the press were denied.
Sheppard v. Maxwell - Wikipedia, the free encyclopedia
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05-21-2008, 10:40 AM
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Machiavelli Incarnate
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Join Date: May 2007
Location: Planet Earth
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Quote:
Originally Posted by TakuanSoho
Not necessarily. In a dictatorship the authority rests with an individual, and society has no input.
Unless you want to engage in some sort of tautology where power = society, the conclusion really boils down to the right rests with the individual, and only s/he decides what rights he wants to give up to "society". To use your terms, the individual is responsible for his society, not the other way around.
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True, an individual chooses how much to buy into their society...but even in a dictatorship there are multiple levels of authority.....
the balance of power in a society is the cumulative result of the individual choices? But the cumulative power of society is greater than any individual choice?
At the end of the day I still believe that our responsibility to the species (collective) outweighs my individual rights. I don't see it as mutually exclusive....without others I wouldn't ever have existed, and without others nobody else will ever exist.....
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"If you're going to tell people the truth, be funny or they'll kill you." -- Billy Wilder
"Never believe anything in politics until it has been officially denied." -- Otto Von Bismark
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05-21-2008, 10:49 AM
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Machiavelli Incarnate
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Join Date: Aug 2006
Location: mountains of East TN
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Quote:
Originally Posted by Dom1
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Actually they weren't denied. If anyone's rights were denied it was Sheppard's. Wouldn't it be feasible to say, ok the jury cannot have access to any outside information. If printing a news article can be considered prejudicial then that could infringe on the 1st amendment in all cases.
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Its better to have fussed and crabbed then never to have fussed at all - Lucy
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05-21-2008, 10:52 AM
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Machiavelli Incarnate
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Join Date: Aug 2006
Location: mountains of East TN
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Quote:
Originally Posted by Heckler
True, an individual chooses how much to buy into their society...but even in a dictatorship there are multiple levels of authority.....
the balance of power in a society is the cumulative result of the individual choices? But the cumulative power of society is greater than any individual choice?
At the end of the day I still believe that our responsibility to the species (collective) outweighs my individual rights. I don't see it as mutually exclusive....without others I wouldn't ever have existed, and without others nobody else will ever exist.....
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so, if its in the best interest of my neighbors that I throw myself off a cliff then I should throw myself off a cliff?
When does a group have a right that an individual does not?
__________________
Its better to have fussed and crabbed then never to have fussed at all - Lucy
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05-21-2008, 10:54 AM
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Machiavelli Incarnate
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Join Date: Jul 2006
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Quote:
Originally Posted by nathanbforrest45
Actually they weren't denied. If anyone's rights were denied it was Sheppard's. Wouldn't it be feasible to say, ok the jury cannot have access to any outside information. If printing a news article can be considered prejudicial then that could infringe on the 1st amendment in all cases.
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If I remember correctly there was a crowd of people outside the courthouse chanting about how Shepard was guilty, etc.
They were forced to move also because the jurors might hear them. That is freedom of speech and assembly versus rights to a fair trial. That wasn't the issue in from of the Supreme Court though.
Shepard's rights weren't denied. He was granted a new trial and was aquitted.
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