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- Newsgroups: co.politics
- Path: sparky!uunet!spool.mu.edu!agate!boulder!ucsu!ucsu.Colorado.EDU!fcrary
- From: fcrary@ucsu.Colorado.EDU (Frank Crary)
- Subject: Re: Colorado Ski Report, etc., etc., etc.
- Message-ID: <1993Jan21.055341.22423@ucsu.Colorado.EDU>
- Sender: news@ucsu.Colorado.EDU (USENET News System)
- Nntp-Posting-Host: ucsu.colorado.edu
- Organization: University of Colorado, Boulder
- References: <1993Jan20.044713.17696@ucsu.Colorado.EDU> <1jk5obINNd98@hpfcbig.sde.hp.com>
- Distribution: co
- Date: Thu, 21 Jan 1993 05:53:41 GMT
- Lines: 39
-
- In article <1jk5obINNd98@hpfcbig.sde.hp.com> marc@hpmonk.fc.hp.com writes:
- >To use yet another analogy, let's look at "freedom of speech" versus, say
- >"freedom to wear green hats". The former freedom is guaranteed by the
- >constitution (by saying that no law can ever abridge it).
-
- No, sorry: The Constitution says "abridge" for a reason. The Constitution
- does not (and, arguably _can_ not) grant rights. People's rights are
- inherent, and aren't a gift from the government (or can the government
- take them away.) The First Amendment _protects_ the freedom of
- speach and forbids the government from violating that right.
-
- >...The latter is simply
- >an accident of the implementation - no one has yet passed a law against
- >wearing of green hats. I would argue then that there is a fundamental
- >difference between these freedoms.
-
- Take a look at the Ninth Amendment:
- "The enumeration in the Constitution of certain rights shall not be
- construed to deny or disparage others retained by the people."
-
- Simply because the Constitution doesn't mention my right to wear a
- green hat, doesn't make it a lesser right (i.e. doesn't "disparage"
- that right.) At the same time, the Constitution offers less of a
- protection for that right...
-
- >Similarly, the mere absence of a nondiscrimination law (as with the absence of
- >green hat laws) strikes me as fundametally different from constitutionally
- >dictating that no such laws can be passed (as with free speech).
-
- Well, since I disagree with your analogy, the "similarly" brakes down...
- You seem, however, to be thinking of a constitution as a permenant
- and unchanging document. If this were the case, I'd agree with you.
- However, I think it's just a shorter set of more basic laws (like the
- laws about making statutory laws), with a different (slightly more
- difficult) way to make new constitutional laws
-
- Frank Crary
- CU Boulder
-
-