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> That reasoning tells that a law (the "criminal law") beats the Constitution by putting restrictions on a Constitutional right. There's a lot to parse in your
by dvt 6y ago
> That reasoning tells that a law (the "criminal law") beats the Constitution by putting restrictions on a Constitutional right.
There's a lot to parse in your post, but I would strongly suggest reading J.S. Mill's On Liberty[1]. In it, Mill describes (what is now known) as the Harm Principle[2]. This (or something like this), and not necessarily criminal law, is essentially what the Constitution is beholden to. It just so happens that most crimes also violate ethical principles.
[1] https://www.gutenberg.org/files/34901/34901-h/34901-h.htm https://www.gutenberg.org/files/34901/34901-h/34901-h.htm
[2] https://plato.stanford.edu/entries/mill-moral-political/#HarPri https://plato.stanford.edu/entries/mill-moral-political/#Har...
- AdrianB1 6y agoDo I need to read a book of over 220 pages to solve a simple logic problem? This is the problem: 1. Constitution gives a right: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" 2. A law restricts the right 3. A law cannot disobey the Constitution. 4. Everyone thinks this is fine, including SCOTUS. You don't have to be Vulcan to see logic is broken.
- thomasmeeks 6y agoYes, you do, but here's a short primer. https://www.dummies.com/education/history/american-history/how-the-u-s-constitution-is-interpreted/ https://www.dummies.com/education/history/american-history/h... Ultimately if you can't be bothered to read a short book on the subject, you can just live with your confusion on the subject. The world can't be boiled down to sophomoric sequences of logic that ignore the complexities of reality and human behavior.
- AdrianB1 6y agoSo there is no logic explanation of the problem. I am fine with that answer, no need for more.
- chrisoverzero 6y ago>So there is no logic[al] explanation of the problem. Logic isn’t even the correct framework to apply.
- dvt 6y ago> A law cannot disobey the Constitution. Laws are found to disobey the Constitution literally all the time (this is what SCOTUS does). And, yes, you do need to read a book to understand how modern political philosophy works. Just how you need to read a book to understand how the cardiovascular system works.