By Dr. Ray Kessler, who is, incidentally, a retired Prof. of Criminal Justice, former defense attorney and prosecutor is your host. I am also a part-time instructor in Criminal Justice at Richland College, an outstanding, 2-year institution in Dallas, TX. https://richlandcollege.edu/ Note that I do NOT select which ads run on the blog.
Thursday, January 20, 2011
Lack of Respect for the Constitution on the Right
One of my biggest gripes is about the numerous politicians and people (on both the Left and Right) who seem to think that their personal opinion should take preference over the U.S. Constitution--which is the supreme law of the land. IMHO, one of the worst examples,is Supreme Court Justice Stephen Breyer whose "living constitution" and other wacko theories are an insult to anyone who takes the Constitution seriously. I've been going after the Left heavily recent for their ignorance, and lack of respect for the Second Amendment. However, many on the Right suffer from the same blindness and they also need to be called on it. Birthright citizenship is established by the Fourteenth Amendment and made clear by the Supreme Court in a number of cases. Yet, many ideologues on the Right seem to think they can get around this by legislative slights-of-hand. Perhaps they have forgotten, like many on the Left, that federal and state legislation must conform to everything in the Constitution.--not just the parts we like. One Republican Congressman (see link) stated that these birthright children of non-citizen parents might come back to the U.S. later and "blow us up." He is trying to defeat the 14th Amend. with legislation. Get a grip dude!
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To quote a good buddy of mine, "Talk about left wing spin, congress woman Sheila Jackson of Texas complained that repealing Obamacare violated people’s 5th amendment rights. What???? The 5th amendment applies only to criminal cases. It’s true that Obamacare itself is a crime. But the repeal offers some just resolution."
ReplyDeleteRay informed me that the fifth does address civil as well as criminal concerns. That said, Jackson's claim that Obamacare's repeal is a fifth amendment rights violation is in grave error. Not unless of course you subscribes to the twisted logic that the fiscal, choice and care burden placed on taxpayers constitutes a right.
ReplyDeleteIs police protection a right? Is fire fighting a right? Is sunny weather a right? Social progressives tend to function in their own fictional world of made up rights, most of which are simply self-serving and bogus. I rest my doggone case!
Answer: Except for weather, the answer to the earlier questions is NO! Police and fire fighting are paid services, usually through state and/or local taxes. True these community offerings can't be denied anyone when publicly financed. Other than being based on free market choice, Health care is a paid service and not a constitutional right.
ReplyDeleteThe courts have held that under some limited, special, circumstances, there is constitutional right to police protection. Although many on the Left are pushing, there is no constitutional right to health care, unless you are in government custody.
ReplyDeleteMy experience has been that social progressives on the left claim health care is a constitutional right thereby empowering the national government with ultimate control of same. Fact is, they're just plain wrong. Health care, like education, is a local and state concern. If states want to form compacts among themselves to improve services, so be it. The only real constitutional power the nation's congress has is agreeing to such an interstate business arrangement. And it's solely a congressional power that doesn't involve the executive or judicial branches.
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