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re: Pastor Spell Under House Arrest with Ankle Monitor

Posted on 4/26/20 at 11:51 am to
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261640 posts
Posted on 4/26/20 at 11:51 am to
quote:

I’m not voicing my support of anything.


Not you in particular, it's rampant everywhere.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27163 posts
Posted on 4/26/20 at 11:52 am to
quote:

Not you in particular, it's rampant everywhere.


Considering your post was in reply to me, and I'm a self-professed libertarian, I imagine you can see why I thought you meant it as more directly personal to me
This post was edited on 4/26/20 at 11:53 am
Posted by DampSocksOnSaturday
Denham Springs
Member since Sep 2016
73 posts
Posted on 4/26/20 at 11:52 am to
No sense in arguing anymore. I love people that take what is included in the US Constitution and Amendments as literal, free from context, and interpret it as freedom to do what they want, when they want regardless of understanding the big picture.

I’m out.

And for the record. I am a conservative that is adamant against extending more restrictions during this time.
This post was edited on 4/26/20 at 11:58 am
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
66847 posts
Posted on 4/26/20 at 11:53 am to
First off, the Founding Fathers didn’t I tend For the bill of rights to apply to the states.

At the time it passes 12/13 states had an established church.


Posted by southdowns84
Member since Dec 2009
1454 posts
Posted on 4/26/20 at 11:53 am to
quote:

Church is Christ.


Somebody better tell the Muslims, Hindus, Buddhists, and the like.
Posted by BluegrassBelle
RIP Hefty Lefty - 1981-2019
Member since Nov 2010
99259 posts
Posted on 4/26/20 at 11:53 am to
quote:

Downvote this post all you want. That’s all you can do though because you can’t refute it.


Multiple people in this thread have pointed out Supreme Court supported cases that support state rights during a state of emergency.

Our Forefathers also established the Executive, Judicial, and Legislative branches to hold each other in check. IMO this is an example of that. Those who disagree that claims it's an infringement have a legal right to challenge it. People have and have been overruled. That's what is being pointed out here.

You can spout all you want about sheep and claiming not listening in history class but some of you come off as you stopped reading anything in history after the Constitution with that logic. You don't have to agree with it, but there's a valid argument on both sides and has long been the debate among those in Constitutional law.
Posted by olgoi khorkhoi
priapism survivor
Member since May 2011
14896 posts
Posted on 4/26/20 at 11:54 am to
quote:

Multiple cases (that have held up against Supreme Court challenges) have determined that some instances are no longer considered “peacefully assembling”. Violating restrictions during a state of emergency isn’t considered peaceful.


Thanks for making my point, Karen. If it saves just one life...
Posted by BluegrassBelle
RIP Hefty Lefty - 1981-2019
Member since Nov 2010
99259 posts
Posted on 4/26/20 at 11:55 am to
quote:

Thanks for making my point, Karen. If it saves just one life...


So I'm a Karen because I have to explain things within the breath of Constitutional law to you? Maybe use some of that isolation to read up there, baw.
Posted by ljhog
Lake Jackson, Tx.
Member since Apr 2009
19088 posts
Posted on 4/26/20 at 11:56 am to
quote:

I'm happy.

Really. What happened to:
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.
I guess you're an advocate for omnipotent, totalitarian ruling class. May you DIaF.
Posted by tLSU
Member since Oct 2007
8623 posts
Posted on 4/26/20 at 11:56 am to
Yep, that's it. I wasn't taught any of that.

And while getting my JD, I wasn't taught the law, just political indoctrination.

The reality is that riding your motorcycle and talking principle and about what the law should be is different than discussing what the law is. While there's lots in the law I disagree with, and that certainly is appropriate for discussion, it's completely irrelevant when discussing what the law currently is.

To suggest that an inalienable right means that the right itself is without scope or boundaries is flat out incorrect.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261640 posts
Posted on 4/26/20 at 11:57 am to
quote:

Multiple people in this thread have pointed out Supreme Court supported cases that support state rights during a state of emergency.


It certainly suppresses the right to assemble which is a founding pillar of this country. I suppose we will see more and more "emergencies." Climate change will be a big one.

Sadly we can declare emergencies to suppress the population over many things we don't really need to. Legal =|=. right.
Posted by BluegrassBelle
RIP Hefty Lefty - 1981-2019
Member since Nov 2010
99259 posts
Posted on 4/26/20 at 11:58 am to
quote:

First off, the Founding Fathers didn’t I tend For the bill of rights to apply to the states.

At the time it passes 12/13 states had an established church.



Interestingly enough, we've been quarantining people as far back as George Washington in this country (smallpox at the time) in order to ensure public health.

Louisville also had a Pastor that was incarcerated during the 1918 flu for continuing to try to hold church services during a state of emergency. He continued to preach from his cell window.

So it's not exactly something new.
Posted by olgoi khorkhoi
priapism survivor
Member since May 2011
14896 posts
Posted on 4/26/20 at 11:59 am to
quote:

Freedom of exercise of religion is considered a "fundamental right". In order for the state to limit a fundamental right, it must pass "strict scrutiny". That test is three pronged: First, the state must have a "compelling interest" to limit the right. Second, the limitation must be "narrowly tailored" to meet that interest. Third, the limit must be the "least restrictive" means of meeting that interest.



I’m not arguing the legality of the government restricting rights. Yes, the government has given itself legal power to reduce or eliminate fundamental rights of the citizenry. I’m saying I don’t agree with it.
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 4/26/20 at 12:00 pm to
quote:

Darth_Vader
Posted by lionward2014
New Orleans
Member since Jul 2015
11728 posts
Posted on 4/26/20 at 12:01 pm to
quote:

And if it isn't, we should move to debating whether the current status quo passes a strict scrutiny test, which requires the state to have a compelling interest in the limitation of the right, and whether the state has narrowly tailored that limitation to meet said compelling interest


Yeah but the non-lawyer Constitutional scholars on Facebook can’t put that in a meme.
Posted by BluegrassBelle
RIP Hefty Lefty - 1981-2019
Member since Nov 2010
99259 posts
Posted on 4/26/20 at 12:01 pm to
quote:

It certainly suppresses the right to assemble which is a founding pillar of this country. I suppose we will see more and more "emergencies." Climate change will be a big one.

Sadly we can declare emergencies to suppress the population over many things we don't really need to. Legal =|=. right.


We'll have to agree to disagree on the need in this particular cases. As I said, I see the argument on both sides of it. But was just pointing out, it's still a valid argument and a discussion that's been going on since ink hit the paper that the Constitution was written on truth be told.

It's why we literally have a whole law profession dedicated specifically to Constitutional law. It's not nearly as black and white as some in this thread want to portray it.
Posted by southdowns84
Member since Dec 2009
1454 posts
Posted on 4/26/20 at 12:02 pm to
quote:

I pity you. It’s obvious during your education you were not taught actual American history, and Civics. You’re a victim of the cancer of progressivism that has for decades infected our education system. Instead of reviving an education, you recurved political indoctrination. For that I honestly pity you.


I’m on your side of this argument from a conceptual standpoint but this a pretty ridiculous response given the litany of evidence in this thread explaining the legality of recent government actions.

Shitting on someone’s education while ignoring judicial review is a bad look.
This post was edited on 4/26/20 at 12:05 pm
Posted by moneyg
Member since Jun 2006
56689 posts
Posted on 4/26/20 at 12:09 pm to
quote:

Somehow I will freely watch my churches services in a few hours. And in a month or so I will be back attending my churches services every Sunday.



If they let you.
Posted by cypressbrake3
Member since Oct 2014
3681 posts
Posted on 4/26/20 at 12:15 pm to
Shakespeare was right.
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
66847 posts
Posted on 4/26/20 at 12:15 pm to
quote:

Sadly we can declare emergencies to suppress the population over many things we don't really need to. Legal =|=. right.



But in this case it’s both legal and right.

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