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Very Hot Topic (More than 25 Replies) Are you left wing or right wing? (Read 5034 times)
Shiva_TD
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Re: Are you left wing or right wing?
Reply #40 - Dec 26th, 2013 at 9:13am
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Liberalterian wrote on Dec 24th, 2013 at 1:23pm:
What world do you live in? Seriously... Jupiter?


Try to avoid pulling statements out of context as it is highly dishonest in many cases. The actual statement made was:

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The belief that "government is inherently bad" is a silly position. Without government there would be no enforcement of contract. No protections of any Rights of the Person. No criminal justice system that makes a pragmatic attempt to prevent the convictions of the innocent.


Without government there are no "Laws" that prevent the violations of our Inalienable Rights nor are there any protections of the "innocent" as embodied by the US Constitution. The US Constitution expressly protects the "Rights of the Accused" and limits the actions of government related to our Criminal Justice System. The 4th, 5th, 6th and 8th Amendments all enumerate protections for the Rights of the Accused in a noble attempt to prevent abuses by our criminal justice system. Many "guilty" people are never convicted because of the "protections" afforded by these amendments.

The belief that the criminal justice system in the United States is about "convicting the guilty" is juxtaposed to the actual Constitutional Amendments that are highly restrictive in prosecution in criminal cases where all people are considered to be "innocent until proven guilty" based upon compelling evidence that establishes "guilt beyond a reasonable doubt" in the minds of the jury. Even then a "not guilty" verdict does not imply the accused is innocent as a jury never returns a verdict of "innocent" in a criminal case.

Criminal justice is about protecting the innocent and not about convicting the guilty.
  
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Liberalterian
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Re: Are you left wing or right wing?
Reply #41 - Dec 26th, 2013 at 1:46pm
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You realize that virtually all of those bill of rights protections, as well as the Constitution, is practically null and void? The Fourth Amendment hasn't existed at least since the Patriot Act, and arguably before then. What about the Alien and Sedition Acts?

I agree with you, a Republic would be great if it was actually bound by a Constitution and Bill of Rights. Unfortunately this is not the case in reality.
  
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Shiva_TD
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Re: Are you left wing or right wing?
Reply #42 - Dec 28th, 2013 at 7:05am
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Liberalterian wrote on Dec 26th, 2013 at 1:46pm:
You realize that virtually all of those bill of rights protections, as well as the Constitution, is practically null and void? The Fourth Amendment hasn't existed at least since the Patriot Act, and arguably before then. What about the Alien and Sedition Acts?

I agree with you, a Republic would be great if it was actually bound by a Constitution and Bill of Rights. Unfortunately this is not the case in reality.


As you should be well aware I'm a pragmatic libertarian that proposes solutions to problems as opposed to simply whining about the problems. I've address this very issue before at least on other forums where I've proposed a Constitutional Amendment to pragmatically address the problem of enforcing the US Constitution. First let me provide some background.

In reading many split decisions by the US Supreme Court I found that the minority opinion often raised serious questions of Constitutionality of a law or action. Based upon a simple majority vote we've allowed many actions of government that are of dubious Constitutionality.

For example in the Supreme Court decision of Julliard v Greenman on "Legal Tender" Supreme Court Justice Stephen Field made a compelling argument against legal tender currency based upon the US Constitution. He was out-voted by 8-1 and today we have unbacked Federal Reserve notes used as legal tender currency in the United States. Based upon Field's arguments Federal Reserve notes are, at best, of dubious Constitutionality.

So I made a proposal for a Constitutional Amendment that would require the unanimous consent of the US Supreme Court to support the Constitutionality of any law or action of government. If even one Supreme Court Justice, such as was the case in Julliard v Greenman, objected based upon the Constitution (which is their sole role and responsibility) then the law or action would be ruled unconstitutional.

It isn't a "perfect" protection as nothing is "perfect" but pragmatically it's the maximum protection we could have in ensuring that the laws and actions of government don't violate the US Constitution.

Of course this falls into the same category as my federal tax proposal as it would not gain support by the Republican Party or Democratic Party as both seek to usurp the US Constitution for their own nefarious political agenda reasons. Only a true "Constitutionalist" would seek to impose this strict enforcement of the US Constitution where laws and actions of dubious Constitutionality would be prevented.
  
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