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Topic: Constitutional right

In the News (Wed 15 Feb 12)

EXECUTIVE POWER

Iran

ANALYSIS

Pakistan

Family compact

	Liberty Library of Constitutional Classics
		Constitutions of Clarendon (1164) — Established rights of laymen and the church in England.
		The Rights of the Colonists, Samuel Adams (1772) — The Report of the Committee of Correspondence to the Boston Town Meeting.
		The American Republic: its Constitution, Tendencies, and Destiny, O. Brownson (1866) — Argument against secession, distinguishes the constitution of government from the underlying constitution of the society, and territorial from socialistic or egoistic democracy.
	www.constitution.org /liberlib.htm (3707 words)

	Constitutional Right to Be a Parent
		Parent's right to custody of child is a right encompassed within protection of this amendment which may not be interfered with under guise of protecting public interest by legislative action which is arbitrary or without reasonable relation to some purpose within competency of state to effect.
		Father enjoys the right to associate with his children which is guaranteed by this amendment (First) as incorporated in Amendment 14, or which is embodied in the concept of "liberty" as that word is used in the Due Process Clause of the 14th Amendment and Equal Protection Clause of the 14th Amendment.
		A parent's right to the custody of his or her children is an element of "liberty" guaranteed by the 5th Amendment and the 14th Amendment of the United States Constitution.
	www.childrensjustice.org /cases1.htm (1565 words)

	State Constitutional Right to Keep and Bear Arms Provisions (Site not responding. Last check: 2007-10-17)
		The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.
		The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in strict subordination to the civil power.
		The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power.
	www1.law.ucla.edu /~volokh/beararms/statecon.htm (2907 words)

	Constitutional Right to Privacy \| TPMCafe
		However, our rights as citizens were not intended to be limited to those spelled out in the Bill of Rights or else where in the Constitution.
		DG points out quite correctly that the only thing the Constitution was intended to do was grant a specific set of limited rights to the Federal Government, not to spell out every single freedom we were meant to enjoy.
		That leaves a Constitution which appears at times frustratingly nebulous, in part because we are so quick to think of it as an enabler of rights rather than a limitation of government.
	www.tpmcafe.com /story/2005/11/16/94852/319 (1318 words)

	Constitution of the People's Republic of China - The U.S. Constitution Online - USConstitution.net
		This Constitution, in legal form, affirms the achievements of the struggles of the Chinese people of all nationalities and defines the basic system and basic tasks of the state; it is the fundamental law of the state and has supreme legal authority.
		Citizens have the right to make to relevant state organs complaints or charges against, or exposures of, any state organ or functionary for violation of the law or dereliction of duty, but fabrication or distortion of facts for purposes of libel or false incrimination is prohibited.
		The chairman of an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county shall be a citizen of the nationality exercising regional autonomy in the area concerned.
	www.usconstitution.net /china.html (9924 words)

	TAP: Vol 12, Iss. 15. A Right to Vote. Jamin B. Raskin. (Site not responding. Last check: 2007-10-17)
		The constitutions of at least 135 nations--including our fellow North American countries, Canada and Mexico--explicitly guarantee citizens the right to vote and to be represented at all levels of government.
		The right of citizens of the United States to vote and to participate in elections on an equal basis shall not be denied or abridged by the United States or any State on account of political-party affiliation or prior condition of incarceration.
		Under Article V of the Constitution, an amendment requires either a two-thirds vote in both houses of Congress followed by ratification by three-fourths of the states or passage in a constitutional convention called upon the application of the legislatures of two-thirds of the states followed by ratification by three-fourths of the states.
	www.prospect.org /print/V12/15/raskin-j.html (1821 words)

	Roe V Wade - The Unconstitutional Decision
		Justice Harry Blackmun, the author of the majority opinion, stated that the Constitution does not explicitly mention a right to privacy but, "in varying contexts the Court or individual justices have, indeed, found at least the roots of that right." The right to an abortion was then considered an extension of this privacy right.
		The Constitution does not mention contraception or privacy, but the Court declared that the other rights in the Constitution contained a "penumbra" of implied rights, and the general right to privacy was determined to be one of these rights.
		It's debatable whether there is indeed an implied right to privacy in the Constitution, but regardless of one's opinion on that, it seems tenuous and irresponsible of the Court to expand this right to the right to terminate the life of the unborn.
	www.rightgrrl.com /carolyn/roe.html (2997 words)

	State Constitutional Right to Keep and Bear Arms Provisions, by Date (Site not responding. Last check: 2007-10-17)
		That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination, to, and governed by, the civil power.
		That the people have the right peaceably to assemble for their common good, and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance; and that their right to bear arms in defence of themselves and of the State cannot be questioned.
		That the people have the right peaceably to assemble for their common good, and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance; and that their right to bear arms in defence of themselves and of the lawful authority of the State cannot be questioned.
	www1.law.ucla.edu /~volokh/beararms/statedat.htm (2762 words)

	Parenting as a Constitutional Right
		Inherent in the express public policy is a recognition of the child's right to equal access and opportunity with both parents, the right to be guided and nurtured by both parents, the right to have major decisions made by the application of both parents' wisdom, judgement and experience.
		On the contrary, though, despite their status as fundamental constitutional rights, parental rights are routinely suspended or revoked as a result of procedures that fail to meet even minimal standards of procedural and substantive due process.
		This routine and cavalier deprivation of parental rights takes place in the context of divorce where, during the pendency of litigation, one parent is routinely deprived of significant parental rights without any demonstration that a state interest exists—much less that there is a compelling state interest that cannot be achieved in any less restrictive way.
	www.gocrc.com /constitution.html (4969 words)

	Puerto Rico and a Constitutional Right to Vote
		It noted that the Constitution had to be amended to grant women, former slaves, residents of the District of Columbia, and eighteen, nineteen, and twenty-year-olds the right to vote.
		Finally, the court concluded that the right to vote is a function of citizenship and that U.S. citizens residing in Puerto Rico have the right to participate in presidentialelections.
		When the state legislatures vests the right to vote for President in its people, the right to vote as the legislature has prescribed is fundamental; and one source of its fundamental nature lies in the equal weight accorded to each vote and the equal dignity owed to each voter.
	academic.udayton.edu /race/02rights/citizen01.htm (3759 words)

	Metzger Law Group, Practice Concentrated in Toxic Tort and Environmental Litigation, based in Long Beach, CA. (Site not responding. Last check: 2007-10-17)
		Since a claim for violation of the constitutional right to pursue and obtain safety is a claim for infringement of an inalienable right (i.e., a fundamental right like the right of privacy), such a claim may well lie against anyone who interferes with or infringes a person's safety.
		Lastly, the constitutional right to pursue and obtain safety may provide a constitutional basis for invalidating secrecy agreements in products liability cases, where manufacturers insist on sealing the case file as part of a settlement, so that the hazards of the product do not become known to the public.
		The constitutional right of Californians to pursue and obtain safety is an untapped source of rights that plaintiffs' attorneys should exploit on behalf of their clients and the public.
	www.toxictorts.com /art_right_to_safety.shtml (1257 words)

	Center for Reproductive Rights
		Roe recognized that the right to make childbearing choices is central to women's lives and their ability to participate fully and equally in society -- the logical extension of High Court decisions on the right to privacy dating back to the turn of the century.
		December 1, 2006 -- Nicaragua's recent abortion ban was declared contrary to international law and a threat to women's human rights by an international human rights commission.
		December 16, 2006 -- Nepal's interim constitution was signed, recognizing women's reproductive rights as a fundamental right.
	www.crlp.org (540 words)

	Constitutional "Right to Vote" Amendment
		And it is the right that we display to less democratic nations as an example of how we feel their nations should be run.
		With a national set of standards demanding that no citizen's right to vote be abridged, and enforcing the rule equally throughout the country, we would avoid such situations in the future.
		A Constitutional right to vote that applies to every U.S. citizen would end this hypocrisy, allowing D.C. residents the same rights as those in any state.
	www.systemsthinker.com /politics/polissues/righttovote.shtml (898 words)

	The Constitutional Right to be a Parent
		although it appears that the constitution appears to grant parents the inalienable right to be parents to their children, US judges use many words to twist that right into just so many pretzels.
		In condensing the collection of decisions, it came to me that we are obsessed with the rights of the individual, while at the same time forgetting that one person's rights become another person's burden.
		Thereby we ignore the needs and rights of all systems within society, because to demand one's rights requires that someone else is obliged to grant them.
	www.fathersforlife.org /famlaw/parright.htm (552 words)

	Constitutional Right to Counsel
		The fact that the right of an accused person to have counsel for his defense was guaranteed expressly (as respects the federal Government) by the Sixth Amendment, notwithstanding the presence of the due process clause in the Fifth Amendment, does not exclude that right from the concept "due process of law." Pp.
		The right of the accused, at least in a capital case, to have the aid of counsel for his defense, which includes the right to have sufficient time to advise with counsel and to prepare a defense, is one of the fundamental rights guaranteed by the due process clause of the Fourteenth Amendment.
		In a case such as this, the right to have counsel appointed, when necessary, is a logical corollary to the right to be heard by counsel.
	www.fa-ir.org /ai/counsel.htm (727 words)

	The Constitution & the Right to Privacy
		The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
		Amendment X: 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.
		When the Constitution is discussed in schools, the focus is generally on the constitutional procedures for appointing judges, electing politicians, terms of office, and other mundane matters.
	www.harrybrowne.org /articles/PrivacyRight.htm (1000 words)

	Congressman Jesse L. Jackson, Jr.: The Right to Vote
		However, our Constitution only provides explicitly for non-discrimination in voting on the basis of race, sex, and age in the 15th, 19th and 26th Amendments respectively.
		A state right is NOT an American citizenship right (that is, not protected by the federal government), but a right defined and protected by each state - and limited to that state.
		According to Harvard's Constitutional Law Professor Alexander Keyssar 108 of the 119 nations in the world that elect their representatives to all levels of government in some democratic fashion explicitly guarantee their citizens the right to vote in their Constitution.
	www.house.gov /jackson/VotingAmendment.htm (518 words)

	Voting information for the Muslim Community: Voting is Power
		The Voting Rights Act, adopted initially in 1965 and extended in 1970, 1975, and 1982, is generally considered the most successful piece of civil rights legislation ever adopted by the United States Congress.
		Yes, our Constitution explicitly prohibits discrimination in granting the franchise based on a person's race, sex, or (adult) age via the 15th, 19th, and 26th Amendments, but those protections are like a house with no foundation.
		Without an affirmative right to vote, Americans repeatedly are disenfranchised or otherwise deprived of their political voice and denied a legal basis for retrieving it.
	www.masvip.org /pages/info.htm (1876 words)

	Beyond the Voting Rights Act: (Site not responding. Last check: 2007-10-17)
		As a result, voting is not a right, but a privilege granted or withheld at the discretion of local and state governments.
		Yes, our Constitution explicitly prohibits discrimination in granting the franchise based on a person's race, sex, or (adult) age via the 15th, 19th, and 26th Amendments, but those protections are like a house with no foundation.
		Without an affirmative right to vote, Americans repeatedly are disenfranchised or otherwise deprived of their political voice and denied a legal basis for retrieving it.
	www.reclaimdemocracy.org /political_reform/right_to_vote.html (700 words)

	The Federal Constitutional Court
		Successful constitutional complaint of the former Minister-President of the state of Brandenburg against referring to him as unofficial collaborator in the service of the Ministry for State Security of the former German Democratic Republic
		The Federal Constitutional Court’s press releases (German language version) are also available as a newsletter.
		The Federal Constitutional Court informs you that applications and written pleadings relating to Federal Constitutional Court proceedings cannot be submitted by e-mail in a legally effective manner.
	www.bundesverfassungsgericht.de /en (380 words)

	Welcome to the Colosseum :: View topic - A woman’s constitutional right to abort a fetus.
		A woman’s constitutional right to abort a fetus.
		The so-called "right to choose" is simply supposed to be accepted by the rest of us as a unquestioned dogma, and that's that.
		Everything is a constitutional right IF survived by the wave through the fires of judgment in the courts system.
	www.mensnewsdaily.com /forum/viewtopic.php?t=2171&start=0&postdays=0&postorder=asc&highlight= (409 words)

	[Ecommerce] Limbaugh Discovers Constitutional Right to Privacy (Site not responding. Last check: 2007-10-17)
		I agreed that it wouldn't be appropriate for the records to be made fully public, but that as part of an ongoing criminal investigation it was proper for records pertinent to the investigation to be subpoenaed.
		But Rush "No Constitutional Right to Privacy" Limbaugh's lawyers, led by Roy Black argued that releasing his medical records to prosecutors violated Limbaugh's Constitutional right to privacy.
		Maybe what Rush meant to say that there was no Constitutional right to privacy for law-abiding homosexuals, but there is a Constitutional right to privacy for conservative radio talk show host prescription drug addicts.
	lists.essential.org /pipermail/ecommerce/2003q4/001167.html (294 words)

	Pennsylvania: Hunt. Fish. Shoot. » Constitutional Right (Site not responding. Last check: 2007-10-17)
		Tennessee is one that is considering creating a right to hunt.
		To me the “Right to Hunt” amendment would mean the same thing… “we guarantee that anyone can hunt, fish and trap, unless legislators pass a law saying that you can’t.”
		The right of the people to hunt, fish and harvest game shall be forever preserved, subject to restrictions relating to species, seasons, licensure, limits, methods and locations, as prescribed by the laws of this Commonwealth.
	www.pahuntfishshoot.com /?p=70 (388 words)

	A Constitutional Right to a Father: Letter to Stephen Harper
		This right should be Constitutionally protected and so should the child’s right to the resources of both parents throughout her life.
		If a parent — father in particular — does not meet this Constitutional responsibility he will be considered in opposition to the law and treated as a criminal, just as he is considered a criminal if he avoids other fiscal responsibilities.
		It should give them comfort to know that they have the respect and support of other authority, and just as their rights to free speech and the practice of their religion are supported and guaranteed by the government, so is their natural right to two parents protected by the Constitution.
	www.freemarketnews.com /Analysis/27/3732/2006-02-09.asp?wid=27&nid=3732 (1400 words)

	Shannen W. Coffin on DOMA on National Review Online
		Casey, which explains that at "the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life." This seemingly limitless conception of individual liberty — derisively labeled by Justice Scalia the "famed sweet-mystery-of-life passage" in dissent from last year's Lawrence v.
		While marriage itself is a fundamental right, he reasoned, nothing in the constitution — or even the many Supreme Court decisions expanding the breadth of the constitution — suggests that same-sex marriage is a fundamental right that is to be afforded heightened protection under the law.
		Having concluded that DOMA does not require heightened scrutiny because it neither impairs a fundamental right to marry nor discriminates on the basis of sex (in that it applies equally to both sexes), Judge Snyder then addressed whether the law is supported by a rational basis.
	www.nationalreview.com /coffin/coffin200408180844.asp (1065 words)

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