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re: Simply having a New York license plate should not be probable cause for a stop.

Posted on 3/29/20 at 7:21 pm to
Posted by Goforit
Member since Apr 2019
8699 posts
Posted on 3/29/20 at 7:21 pm to
In Alabama there is an unwritten rule that any car with a NY tag can be legally ran off the road.
Posted by Apollyon
Member since Dec 2019
2124 posts
Posted on 3/29/20 at 7:22 pm to
Or you could read it yourself? Are you so lazy and uneducated that you have not read it?

And the "Steadmans cheddar" guy above who is espousing Benthamist utilitarianism on "limited rights" is the one to whom your anger should really be addressed. His philosophy is seriously suspect...
This post was edited on 3/29/20 at 7:23 pm
Posted by Steadmans Cheddar
Member since Dec 2019
1347 posts
Posted on 3/29/20 at 7:28 pm to
quote:

Article 4, Section 2, Clause 1.



The right you want recognized is real, but that’s the wrong cite.

"The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment." [Kent v. Dulles, 357 U.S. 116, 125 (1958)]
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 3/29/20 at 7:31 pm to
quote:

I will Cite for you what gives the federal government the exclusive authority to regulate it and therefore prohibits states from restricting it. AIS8C3


Although the Federal government has the ability to regulate interstate commerce, generally I would say Americans moving from State to State is not really commerce. For example, the federal government can shutdown the air space, but even that probably couldn't go on forever.

As far as Americans just traveling from State to State there really isn't much the federal government can really do. The federal government can regulate public rights, but not really private Rights.

The People were never gave government the ability to regulate private Rights, generally speaking.

This post was edited on 3/29/20 at 7:32 pm
Posted by Steadmans Cheddar
Member since Dec 2019
1347 posts
Posted on 3/29/20 at 7:34 pm to
quote:

And the "Steadmans cheddar" guy above who is espousing Benthamist utilitarianism on "limited rights" is the one to whom your anger should really be addressed. His philosophy is seriously suspect...


I’m not espousing anything but facts. Most rights in the Bill of Rights are not absolute. Not having the right to yell fire in a crowded theater is the most obvious example.

The text of the Fifth Amendment explicitly states that life and liberty can be restrained with adequate due process. That’s how we’re able to execute people .

If your right to liberty is absolute, how do you explain jail?
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 3/29/20 at 7:42 pm to
The simple fact is, neither the State or Federal government have been given the authority by the People to infringe on one's life, liberty and pursuit to happiness. It just simply doesn't exist, now they can regulate and control public rights.

The State gave away much of their rights to border control when they joined the Union, the Federal government has some ability via the commerce clause but that has to do with commerce and is not absolute either.

American moving from New York to Texas is a private right, generally speaking, not one that is the government's business.

I would advise any State that they don't like the rules, maybe they shouldn't have given up half their sovereignty. Now, maybe the nutjobs that wanted open borders will now understand better but since they are wack jobs... probably not.

quote:

The text of the Fifth Amendment explicitly states that life and liberty can be restrained with adequate due process


Not sure what that is suppose to mean, why would someone be restrained without proof? Of course, a person from New York can be quarantined, but they must have due process. A State can't simply stop all border traffic because they don't like a license plate or the person in it.

This post was edited on 3/29/20 at 7:46 pm
Posted by Apollyon
Member since Dec 2019
2124 posts
Posted on 3/29/20 at 7:44 pm to

Limited, and yet fully vested rights enumerated within our Constitution, lol. Freedom, but quickly disposed of in "times of emergency". Sartre would be proud. Or should I say Marx.

Posted by SalE
At the beach
Member since Jan 2020
2929 posts
Posted on 3/29/20 at 7:48 pm to
Good, after they detain/arrest you w/out a warrant or due cause...your attorney can argue that point in court...
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
40945 posts
Posted on 3/29/20 at 7:48 pm to
Posted by Jake88
Member since Apr 2005
78073 posts
Posted on 3/29/20 at 7:49 pm to
I'm happy with it. You yankee fricks can stew in your leftist, stacked up juices.
Posted by Steadmans Cheddar
Member since Dec 2019
1347 posts
Posted on 3/29/20 at 7:49 pm to
quote:


Limited, and yet fully vested rights enumerated within our Constitution, lol. Freedom, but quickly disposed of in "times of emergency". Sartre would be proud. Or should I say Marx.


Again, you’re ignoring the language of the constitution itself that says you can be deprived of rights with due process. I’m not saying whether these limitations are justified or wise. I am saying they exist, and are written into the constitution.

I’ll repeat the question, if right to liberty in the Fifth Amendment is absolute, how do you explain the existence of jail?
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 3/29/20 at 7:52 pm to
quote:

Again, you’re ignoring the language of the constitution itself that says you can be deprived of rights with due process. I’m not saying whether these limitations are justified or wise. I am saying they exist, and are written into the constitution.

I’ll repeat the question, if right to liberty in the Fifth Amendment is absolute, how do you explain the existence of jail?




What does that have to do with anything? I mean the State has no ability to stop people with no probably cause. Can one be restrained, absolutely, but in this case.. there is no reason for the restraint.

The State has really no ability to turn away people from other States... no government has this power.
This post was edited on 3/29/20 at 7:56 pm
Posted by Steadmans Cheddar
Member since Dec 2019
1347 posts
Posted on 3/29/20 at 8:00 pm to
quote:

What does that have to do with anything?


I was responding to someone who questioned whether rights are absolute.

quote:


What does that have to do with anything? I mean the State has no ability to stop people with no probably cause. Can one be restrained, absolutely, but in this case.. there is no reason for the restraint.


Due process is a flexible concept that can mean different things in different situations. There is no need to have probable cause at DUI checkpoints, and yet you’re restrained. Because prior legislation is the due process. Due process can also be found in the fact that legislators gave governors and presidents executive authority in emergencies.
Posted by Apollyon
Member since Dec 2019
2124 posts
Posted on 3/29/20 at 8:02 pm to
What due process exists in emergency declaration by a municipality or state?

We can do this all day, boot licker.
Posted by Apollyon
Member since Dec 2019
2124 posts
Posted on 3/29/20 at 8:07 pm to
Leftists are complete totalitarians. This is what you are. Look how you have been unmasked and you didn't even have to burn the Reichstag to do it this time.
Posted by Steadmans Cheddar
Member since Dec 2019
1347 posts
Posted on 3/29/20 at 8:10 pm to
1. I enjoy that you’ve backed down from the idea that rights are absolute, because you realized that’s both insane and unconstitutional.

2. Boot licker? I’m not advocating for policies, just stating facts. Sorry you don’t like them.

3. What constitutes due process? The laws passed by elected state and federal legislators that gives emergency powers to the executive. The limits of those powers is subject to interpretation, but they do exist.

I’m game to keep this going if you are, dummy. Feel free to answer any of my previous questions any time.
Posted by MintBerry Crunch
Member since Nov 2010
5821 posts
Posted on 3/29/20 at 8:18 pm to
Gibbons v Ogden says that states have quarantine powers boss.
Posted by Apollyon
Member since Dec 2019
2124 posts
Posted on 3/29/20 at 8:18 pm to
quote:

Boot licker? 


This is obvious.

quote:

because you realized that’s both insane and unconstitutional.



Strawman, where one creates arguments and windmills to tilt against.

Rights cannot be stripped from a free citizenry, marxist.

quote:

. What constitutes due process?


Really? Go back to school.
Posted by MintBerry Crunch
Member since Nov 2010
5821 posts
Posted on 3/29/20 at 8:20 pm to
If anyone is curious about a law professor’s response time the “is this constitutional” question.

quote:

This is not a privilege and immunities issue. States country cities can all declare martial law in times of great stress. This clearly qualifies. Remember, health safety and welfare is a state province and this will clearly come under that. There is a long history of quarantine requirements in this country going back to smallpox


An individual state doesn’t owe you due process to travel in times of emergency.
This post was edited on 3/29/20 at 8:21 pm
Posted by Apollyon
Member since Dec 2019
2124 posts
Posted on 3/29/20 at 8:22 pm to
quote:

An individual state doesn’t owe you due process to travel in times of emergency.


If we are so far off the beaten path then it is obviously time to reset.

Or are we back to "this is the King's highway"...?

For fricks sake.
This post was edited on 3/29/20 at 8:24 pm
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