Would you favor an enforcement clause on the constitution?

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  • Would you favor an enforcement clause on the constitution?


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    lashicoN

    Master
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    0   0   0
    Nov 2, 2009
    2,130
    38
    North
    It never ceases to amaze me that some call themselves "libertarians," and go about with "liberty" on their lips, but these threads reveal the lust for a reign of terror that lurks in their hearts. "Committees of Public Safety" masquerading as "juries" conducting political purges whenever the winds of public opinion change. Draconian punishments being meted without regard for actual malice for doing one's job in good faith, that tomorrow a kangaroo court decides is "unconstitutional." Star chambers, arbitrary and ex post facto decisions of law, cruel and unusual punishments administered, all in the supposed "defense of the Constitution." Lord, save us from our self-appointed saviors.

    Wait a second, that's unconstitutional though. Isn't that what this entire thread has been about? Why would we attempt to punish people for breaking their Oath, while trampling on the Constitution?

    I can see both sides here, but I like Rambone's idea here quite a bit. I think he's simply saying - Honor the Oath that you took, uphold the Constitution. Our rights are pretty plain and simple here. I don't believe it would be hard for the average police officer to study the Constitution and enforce it, nothing else.

    Normal people have to do this every day. Do you know what happens when one citizens goes up to another citizen and tells him to hand over his carry weapon, because he doesn't feel safe seeing it? Imagine if the citizen actually "confiscated" that weapon. He wouldn't get any shield of protection. He would be charged with theft, or shot by the guy carrying. Normal people don't get to violate the rights of others, public servants certainly shouldn't either.

    If you're having a hard time deciding what side you're on, ask yourself this simple question - Did Hitler kill millions of people with his words and commands or did Hitler coupled with all of his administrators and foot soldiers kill million of people? It's not possible for one person to violate rights on a grand scale. If I came on here tomorrow and said that all firearms were now banned because I said so, you'd simply laugh and shake your head, rightfully so. So why is it that when an elected official, coupled with other elected officials, judges, and Supreme Justices come out and say it we obey their equally silly words? We have the right to keep and bear arms, our Constitution is clear on that. So why don't we laugh at EVERYONE who says otherwise and severely punish those who seriously push for unconstitutional legislation? Punish those who uphold unconstitutional laws.

    The argument that a lowly paid police officer can't stand up to a superior is a valid argument. He would probably lose his/her job. But if you work anywhere else and your boss has committed felonies and then solicits you to join him in committing felonies, do you do it? Or do you quit and/or turn in your criminal boss? Why shouldn't it be the same for Commanding Officers who look to enforce unconstitutional laws? Turn them in.

    An Oath is a very serious thing. When you take one, you aren't just saying empty words. You should be held to your Oath, when your Oath is to uphold the Constitution. Am I just oversimplifying everything and dreaming up a perfect world like Dross was talking about? :dunno: Probably.
     
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    Dogman

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    0   0   0
    May 5, 2008
    4,100
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    Hamilton County
    I'm thinking about an example of a law-abiding LTCH carrier getting a cop's gun put to his head because the cop thinks OC is illegal, or other such nonsense. A clear violation of rights. Anybody else would be in prison and lose their LTCH for such an action.


    Did something happen that you haven't shared with us?
     

    Eddie

    Master
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    1   0   0
    Nov 28, 2009
    3,730
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    North of Terre Haute
    It sounds like the OP is describing 1983 suits, which are common types of suits against the government.

    TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1983
    Prev | Next

    § 1983. Civil action for deprivation of rights


    Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
     

    rambone

    Grandmaster
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    4   0   0
    Mar 3, 2009
    18,745
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    'Merica
    It never ceases to amaze me that some call themselves "libertarians," and go about with "liberty" on their lips, but these threads reveal the lust for a reign of terror that lurks in their hearts. "Committees of Public Safety" masquerading as "juries" conducting political purges whenever the winds of public opinion change. Draconian punishments being meted without regard for actual malice for doing one's job in good faith, that tomorrow a kangaroo court decides is "unconstitutional." Star chambers, arbitrary and ex post facto decisions of law, cruel and unusual punishments administered, all in the supposed "defense of the Constitution." Lord, save us from our self-appointed saviors.


    Carmel, I don't speak for libertarians, and I'm no savior. This is totally my own free thought brought before the panel of INGOers for some feedback.

    Are the courts really so hopeless that justice would not prevail?

    I don't support torture or anything like that.
     

    CarmelHP

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    0   0   0
    Mar 14, 2008
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    Carmel
    Carmel, I don't speak for libertarians, and I'm no savior. This is totally my own free thought brought before the panel of INGOers for some feedback.

    Are the courts really so hopeless that justice would not prevail?

    I don't support torture or anything like that.

    They are when you propose to remove any of the legal standards in place like qualified immunity, defined elements of a crimes, etc that courts and the legal system have built in to prevent travesties as much as possible. Without the guides and protections you open up legal interpretation to whim and fancy.
     
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