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Specifically, what freedoms are those? Where are they enumerated in the text of the Constitution, its amendments, or the corpus of constitutional jurisprudence?
by cbfrench 6y ago
Specifically, what freedoms are those? Where are they enumerated in the text of the Constitution, its amendments, or the corpus of constitutional jurisprudence?
Citing “the freedoms guaranteed by The Constitution” is fairly meaningless in the abstract. There are specific protections and rights afforded by the Constitution that have been defined in the actual constitutional text and whose interpretation has been refined through legislation and the courts. Those are what you should be able to point to rather than vaguely gesturing at some poorly-defined concept of “freedoms.”
Not unsurprisingly, there is a record of jurisprudence permitting limitations on freedom of association, movement, etc. during public health crises. Are you suggesting that that the decisions in those cases are somehow opposed to the (actual, specific) text of the Constitution? If so, what specific provisions are being violated?
- dhruvmittal 6y agoThe constitution on its own doesn't guarantee any freedoms, so we must look to the Bill of Rights. Does mask wearing fall under: - Freedom of speech? No. - Freedom of the press? No. - Freedom of religion? No. - Freedom of assembly? No. - Right to petition the government? No. - Right to bear arms? No. - Protection against housing soldiers in civilian homes? No. - Protection against unreasonable search and seizure? No. - Protection against the issuing of warrants without probable cause? No. - Protection against trial without indictment? No. - Protection against double jeopardy? No. - Protection against self-incrimination? No. - Protection against property seizure? No. - Right to a speedy trial? No. - Right to be informed of charges? No. - Right to be confronted by witnesses? No. - Right to call witnesses? No. - Right to a legal counsel? No. - Right to trial by jury? No. - Protection against excessive bail? No. - Protection against excessive fines? No. - Protection against cruel and unusual punishment? No.
- deleted 6y ago[deleted]
- shaftoe 6y ago"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."
- triceratops 6y agoErr...isn't the Bill of Rights part of the constitution? It was added to the constitution through the amendment process, right?
- dhruvmittal 6y agoYes, but as the primary text of the constitution doesn't guarantee any rights, it's sufficient to list the rights supplied by amendments to cover "constitutional rights."