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Very Hot Topic (More than 25 Replies) Federal &State laws that prohibit prostitution violate Amendments 1&14 (Read 552 times)
AlayneLeung
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Federal &State laws that prohibit prostitution violate Amendments 1&14
Dec 31st, 2016 at 3:12pm
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AMENDMENT I of the Constitution says
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
https://www.archives.gov/founding-docs/bill-of-rights-transcript

Thus, Congress can't outlaw prostitution because people have a right to use their freedom of speech (including money) to negotiate with each other their property (their $ & bodies) for sexual relations including prostitution.

AMENDMENT XIV of the Constitution says:
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

The United States Supreme Court has ruled that state laws must obey the United States Constitution including the Bill of Rights such as AMENDMENT I, thus state laws can't prohibit prostitution. 

So let's take state laws, that prohibit prostitution, to the United States Supreme Court.
  
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Jeff
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Re: Federal &State laws that prohibit prostitution violate Amendments 1&14
Reply #1 - Dec 31st, 2016 at 4:01pm
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AlayneLeung wrote on Dec 31st, 2016 at 3:12pm:
AMENDMENT I of the Constitution says
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
https://www.archives.gov/founding-docs/bill-of-rights-transcript

Thus, Congress can't outlaw prostitution because people have a right to use their freedom of speech (including money) to negotiate with each other their property (their $ & bodies) for sexual relations including prostitution.

AMENDMENT XIV of the Constitution says:
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

The United States Supreme Court has ruled that state laws must obey the United States Constitution including the Bill of Rights such as AMENDMENT I, thus state laws can't prohibit prostitution. 

So let's take state laws, that prohibit prostitution, to the United States Supreme Court.

I think adults that want to sell sex should be permitted to do so. Young adults thinking about it should be well informed.

That said, the 1st Amendment doesn't have anything at all to do with an individuals Right to do such things. The 1st Amendment only makes doubly clear that you have every Right to talk about it and petition your government on the issue.

If your religion includes ritual sex, there is an obligation that you must be prevented from any non-consensual acts or actions.

Children can't give consent.

States have wide leeway in their retained police powers, and states tend to follow the wishes of their citizens in general. That is as it should be, and the way our federal system of government is designed.
  
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AlayneLeung
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Re: Federal &State laws that prohibit prostitution violate Amendments 1&14
Reply #2 - Jan 13th, 2017 at 12:23pm
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Reread Amendment 1 about "the right of the people peaceably to assemble" (if people want to peaceably assemble their bodies sexually, then that's Amendment I's allowing of it).
  
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SkyChief
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Re: Federal &State laws that prohibit prostitution violate Amendments 1&14
Reply #3 - Jan 13th, 2017 at 12:52pm
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AlayneLeung wrote on Jan 13th, 2017 at 12:23pm:
Reread Amendment 1 about "the right of the people peaceably to assemble" (if people want to peaceably assemble their bodies sexually, then that's Amendment I's allowing of it).


Grin   Grin   Cheesy   Grin   Grin   Shocked   Grin   Grin

Crap. I just violated the 6-smiley-limit rule.
  
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AlayneLeung
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Re: Federal &State laws that prohibit prostitution violate Amendments 1&14
Reply #4 - May 19th, 2017 at 1:40pm
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Jeff, a mind of a body that looks like a child, of which only has one spirit is in said body that is of said mind, can use her or his voice to or a typewritten statement to claim in court that she or he had lived a previous life and therefore is an adult and therefore theoretically can provide consent, and can claim in court that she or he can provide consent if she or he received a conscious mind psychic message through time from a future version of herself or himself authorizing herself or himself to provide said consent.
  
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Don_G
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Re: Federal &State laws that prohibit prostitution violate Amendments 1&14
Reply #5 - May 19th, 2017 at 1:50pm
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SkyChief wrote on Jan 13th, 2017 at 12:52pm:
Grin   Grin   Cheesy   Grin   Grin   Shocked   Grin   Grin

Crap. I just violated the 6-smiley-limit rule.


Where do fu--ing idiots like that come from? Depressing!
  
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merkelstan
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Re: Federal &State laws that prohibit prostitution violate Amendments 1&14
Reply #6 - May 19th, 2017 at 3:36pm
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AlayneLeung wrote on Dec 31st, 2016 at 3:12pm:
AMENDMENT I of the Constitution says Thus, Congress can't outlaw prostitution because people have a right to use their freedom of speech (including money) to negotiate with each other their property (their $ & bodies) for sexual relations including prostitution.


Well then anything at all is speech.  And the word speech loses all meaning.
  

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Jeff
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Re: Federal &State laws that prohibit prostitution violate Amendments 1&14
Reply #7 - May 19th, 2017 at 4:42pm
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merkelstan wrote on May 19th, 2017 at 3:36pm:
Well then anything at all is speech.  And the word speech loses all meaning.

Selling sex is not a free speech issue anyway. There are other much more compelling arguments for that right.

Most certainly, the national government was never given any power in this area. Police powers are reserved to state and local governments... but... Individual Rights trump state police powers! States are prohibited from violating individual rights. Period. Our Federal Courts are supposed to guarantee that. Reserved police powers are not superior in law to Individual Rights.
  
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merkelstan
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Re: Federal &State laws that prohibit prostitution violate Amendments 1&14
Reply #8 - May 19th, 2017 at 5:43pm
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I thought the US Constitution was originally understood to prohibit the Fed Govt from doing things, not State govts.

What do you say Jeff?
  

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Jeff
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Re: Federal &State laws that prohibit prostitution violate Amendments 1&14
Reply #9 - May 20th, 2017 at 8:36am
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merkelstan wrote on May 19th, 2017 at 5:43pm:
I thought the US Constitution was originally understood to prohibit the Fed Govt from doing things, not State govts.

What do you say Jeff?

It's a federal system. The national government is given certain responsibilities and duties that are to be accomplished through grants of limited power.
Powers not granted to the national government are reserved to the people and the states.
Police power is one of the many many powers not granted to the national government, so it remains with the people and the states.

The reserved police power possessed by the states is limited by the obligation of the national government to preserve the blessings of Liberty. i.e. states may not use police power to deny or abridge our rights and the national government is tasked with reining them in if they do. For the most part, if states would adhere to their own constitutions, they would also protect our Rights and Liberty, because state constitutions require that they do this.

The entire idea of the federal system created by our U.S. Constitution is to make sure that no single entity of government at any level has the power or ability to abridge our Rights and Liberty.

That's the Constitution in brief as it was intended to work...

The Constitution in brief as it was altered by interpretation by the FDR Supreme Court is that the national government has any and every power unless that power is specifically forbidden to it, and that the purpose of such broad power is to do whatever the government thinks will be best... Since FDR, the government has usually thought it best to control our economic (and other) liberty and redistribute our hard earned wealth in order to make sure everybody has everything they "need". Such broad tyrannical actions require that the national government have broad police powers, so they usurped such police powers as being "necessary and proper" in order to control our lives, especially, but not limited to, our economic lives.
  
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