[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

In Day of the Lord, 24 Church Elders with Crowns Join Jesus in His Throne

Deadly Saltwater and Deadly Fresh Water to Increase

Deadly Cancers to soon Become Thing of the Past?

Plague of deadly New Diseases Continues

[FULL VIDEO] Police release bodycam footage of Monroe County District Attorney Sandra Doorley traffi

Police clash with pro-Palestine protesters on Ohio State University campus

Joe Rogan Experience #2138 - Tucker Carlson

Police Dispersing Student Protesters at USC - Breaking News Coverage (College Protests)

What Passover Means For The New Testament Believer

Are We Closer Than Ever To The Next Pandemic?

War in Ukraine Turns on Russia

what happened during total solar eclipse

Israel Attacks Iran, Report Says - LIVE Breaking News Coverage

Earth is Scorched with Heat

Antiwar Activists Chant ‘Death to America’ at Event Featuring Chicago Alderman

Vibe Shift

A stream that makes the pleasant Rain sound.

Older Men - Keep One Foot In The Dark Ages

When You Really Want to Meet the Diversity Requirements

CERN to test world's most powerful particle accelerator during April's solar eclipse

Utopian Visionaries Who Won’t Leave People Alone

No - no - no Ain'T going To get away with iT

Pete Buttplug's Butt Plugger Trying to Turn Kids into Faggots

Mark Levin: I'm sick and tired of these attacks

Questioning the Big Bang

James Webb Data Contradicts the Big Bang

Pssst! Don't tell the creationists, but scientists don't have a clue how life began

A fine romance: how humans and chimps just couldn't let go

Early humans had sex with chimps

O’Keefe dons bulletproof vest to extract undercover journalist from NGO camp.

Biblical Contradictions (Alleged)

Catholic Church Praising Lucifer

Raising the Knife

One Of The HARDEST Videos I Had To Make..

Houthi rebels' attack severely damages a Belize-flagged ship in key strait leading to the Red Sea (British Ship)

Chinese Illegal Alien. I'm here for the moneuy

Red Tides Plague Gulf Beaches

Tucker Carlson calls out Nikki Haley, Ben Shapiro, and every other person calling for war:

{Are there 7 Deadly Sins?} I’ve heard people refer to the “7 Deadly Sins,” but I haven’t been able to find that sort of list in Scripture.

Abomination of Desolation | THEORY, BIBLE STUDY

Bible Help

Libertysflame Database Updated

Crush EVERYONE with the Alien Gambit!

Vladimir Putin tells Tucker Carlson US should stop arming Ukraine to end war

Putin hints Moscow and Washington in back-channel talks in revealing Tucker Carlson interview

Trump accuses Fulton County DA Fani Willis of lying in court response to Roman's motion

Mandatory anti-white racism at Disney.

Iceland Volcano Erupts For Third Time In 2 Months, State Of Emergency Declared

Tucker Carlson Interview with Vladamir Putin

How will Ar Mageddon / WW III End?


Status: Not Logged In; Sign In

U.S. Constitution
See other U.S. Constitution Articles

Title: Mythical inalienable rights.?
Source: Crazy Guy
URL Source: [None]
Published: Feb 6, 2017
Author: nolu chan
Post Date: 2017-02-06 03:25:38 by tpaine
Keywords: None
Views: 17766
Comments: 56

Nolu Chan has just posted another rather remarkable claim.

(It is an) --- insufferable claim that RKBA is an inalienable right given by God Almighty hisself. The Constitution recognizes capital punishment which takes away all rights, including the mythical inalienable rights.

nolu chan posted on 2017-02-06


Poster Comment:

Any comments?

Post Comment   Private Reply   Ignore Thread  


TopPage UpFull ThreadPage DownBottom/Latest

Begin Trace Mode for Comment # 25.

#8. To: tpaine (#0)

The invocation of Natural Law is a crock of shit.

NATURAL LAW nonsense

Black's Law Dictionary, 6th Ed.

Natural law. This expression, "natural law,” or jus naturale, was largely used in the philosophical specula­tions of the Roman jurists of the Antonine age, and was intended to denote a system of rules and principles for the guidance of human conduct which, independently of enacted law or of the systems peculiar to any one people, might be discovered by the rational intelligence of man, and would be found to grow out of and conform to his nature, meaning by that word his whole mental, moral, and physical constitution. The point of departure for this conception was the Stoic doctrine of a life ordered "according to nature,” which in its turn rested upon the purely supposititious existence, in primitive times, of a "state of nature;” that is, a condition of society in which men universally were governed solely by a rational and consistent obedience to the needs, impulses, and prompt­ings of their true nature, such nature being as yet undefaced by dishonesty, falsehood, or indulgence of the baser passions. In ethics, it consists in practical univer­sal judgments which man himself elicits. These express necessary and obligatory rules of human conduct which have been established by the author of human nature as essential to the divine purposes in the universe and have been promulgated by God solely through human reason.

Constitutional Law, 6th Ed., Jerome A. Barron and C. Thomas Dienes, Black Letter Series, West Group, 2003, p. 165.

A. THE ORIGINAL CONSTITUTION

1. NATURAL RIGHTS

Despite some contrary judicial opinion in the early years of the Republic, the claim that there are extra-constitutional "natural rights" limiting governmental power has generally not been accepted by the courts. If the federal government exercises one of its delegated powers or the states exercise their reserved powers, some express or implied constitutional, statutory, or common law limitation must be found if the government action is to be successfully challenged.

https://en.wikipedia.org/wiki/Natural_justice

Wikipedia

Natural justice

In English law, natural justice is technical terminology for the rule against bias (nemo iudex in causa sua) and the right to a fair hearing (audi alteram partem). While the term natural justice is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly".

The basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of actual bias, imputed bias or apparent bias. Actual bias is very difficult to prove in practice while imputed bias, once shown, will result in a decision being void without the need for any investigation into the likelihood or suspicion of bias. Cases from different jurisdictions currently apply two tests for apparent bias: the "reasonable suspicion of bias" test and the "real likelihood of bias" test. One view that has been taken is that the differences between these two tests are largely semantic and that they operate similarly.

The right to a fair hearing requires that individuals should not be penalized by decisions affecting their rights or legitimate expectations unless they have been given prior notice of the case, a fair opportunity to answer it, and the opportunity to present their own case. The mere fact that a decision affects rights or interests is sufficient to subject the decision to the procedures required by natural justice. In Europe, the right to a fair hearing is guaranteed by Article 6(1) of the European Convention on Human Rights, which is said to complement the common law rather than replace it.

Background

Natural justice is a term of art that denotes specific procedural rights in the English legal system and the systems of other nations based on it. It is similar to the American concepts of fair procedure and procedural due process, the latter having roots that to some degree parallel the origins of natural justice.

Although natural justice has an impressive ancestry and is said to express the close relationship between the common law and moral principles, the use of the term today is not to be confused with the "natural law" of the Canonists, the mediaeval philosophers' visions of an "ideal pattern of society" or the "natural rights" philosophy of the 18th century. Whilst the term natural justice is often retained as a general concept, in jurisdictions such as Australia and the United Kingdom it has largely been replaced and extended by the more general "duty to act fairly". Natural justice is identified with the two constituents of a fair hearing, which are the rule against bias (nemo iudex in causa sua, or "no man a judge in his own cause"), and the right to a fair hearing (audi alteram partem, or "hear the other side").

The requirements of natural justice or a duty to act fairly depend on the context. In Baker v. Canada (Minister of Citizenship and Immigration) (1999), the Supreme Court of Canada set out a list of non-exhaustive factors that would influence the content of the duty of fairness, including the nature of the decision being made and the process followed in making it, the statutory scheme under which the decision-maker operates, the importance of the decision to the person challenging it, the person's legitimate expectations, and the choice of procedure made by the decision-maker. Earlier, in Knight v. Indian Head School Division No. 19 (1990), the Supreme Court held that public authorities which make decisions of a legislative and general nature do not have a duty to act fairly, while those that carry out acts of a more administrative and specific nature do. Furthermore, preliminary decisions will generally not trigger the duty to act fairly, but decisions of a more final nature may have such an effect. In addition, whether a duty to act fairly applies depends on the relationship between the public authority and the individual. No duty exists where the relationship is one of master and servant, or where the individual holds office at the pleasure of the authority. On the other hand, a duty to act fairly exists where the individual cannot be removed from office except for cause. Finally, a right to procedural fairness only exists when an authority's decision is significant and has an important impact on the individual.

Justice Iredell, Calder v. Bull,, U.S.S.C, 3 Dall. 385, 398-99 (1798)

If, then, a government, composed of legislative, executive and judicial departments, were established, by a constitution which imposed no limits on the legislative power, the consequence would inevitably be, that whatever the legislative power chose to enact, would be lawfully enacted, and the judicial power could never interpose to pronounce it void. It is true, that some speculative jurists have held, that a legislative act against natural justice must, in itself, be void; but I cannot think that, under such a government any court of justice would possess a power to declare it so. Sir William Blackstone, having put the strong case of an act of parliament, which

- - - - - - - - -

[399]

authorize a man to try his own cause, explicitly adds, that even in that case, “there is no court that has power to defeat the intent of the legislature, when couched in such evident and express words, as leave no doubt whether it was the intent of the legislature, or no.” 1 Bl. Com. 91.

In order, therefore, to guard against so great an evil, it has been the policy of all the American states, which have, individually, framed their state constitutions, since the revolution, and of the people of the United States, when they framed the federal constitution, to define with precision the objects of the legislative power, and to restrain its exercise within marked and settled boundaries. If any act of congress, or of the legislature of a state, violates those constitutional provisions, it is unquestionably void; though, I admit, that as the authority to declare it void is of a delicate and awful nature, the court will never resort to that authority, but in a clear and urgent case. If, on the other hand, the legislature of the Union, or the legislature of any member of the Union, shall pass a law, within the general scope of their constitutional power, the court cannot pronounce it to be void, merely because it is, in their judgment, contrary to the principles of natural justice. The ideas of natural justice are regulated by no fixed standard: the ablest and the purest men have differed upon the subject; and all that the court could properly say, in such an event, would be, that the legislature (possessed of an equal right of opinion) had passed an act which, in the opinion of the judges, was inconsistent with the abstract principles of natural justice. There are then but two lights, in which the subject can be viewed: 1st. If the legislature pursue the authority delegated to them, their acts are valid. 2d. If they transgress the boundaries of that authority, their acts are invalid. In the former case, they exercise the discretion vested in them by the people, to whom alone they are responsible for the faithful discharge of their trust: but in the latter case, they violate a fundamental law, which must be our guide, whenever we are called upon, as judges, to determine the validity of a legislative act.

nolu chan  posted on  2017-02-08   16:42:42 ET  Reply   Untrace   Trace   Private Reply  


#13. To: nolu chan, yall (#8)

Why would anyone want to give respect to a clown who works against the constitutional principles we've all pledged to honor and defend? - An idiot that claims our inalienable rights are mythical?

The invocation of Natural Law is a crock of shit.

And then you go on to post a crock of bullshit 'opinion', supposedly proving your point.

Poor little nolu, reduced once again to oddball cut and paste views, whereas our constitutions 14th is definitive.

We have inalienable rights to life, liberty, and property, unless we forfit them by criminal acts under our rule of constitutional law.

tpaine  posted on  2017-02-08   18:27:45 ET  Reply   Untrace   Trace   Private Reply  


#25. To: tpaine (#13)

Atheism is a faith-a blind faith that doesn't make sense of world & is not supported by observational science--it's a blind faith religion

GarySpFC  posted on  2017-02-09   7:30:08 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 25.

#30. To: GarySpFC (#25)

Atheism is a faith...

Absolutely,and one of the most dogmatic faiths that insists THEY have the One True Religion,and EVERYONE MUST agree with them.

I figured that out decades ago and started calling myself what I really am,agnostic. Organized religion by any name is just one more form of slavery.

sneakypete  posted on  2017-02-09 13:24:26 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 25.

TopPage UpFull ThreadPage DownBottom/Latest

[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Please report web page problems, questions and comments to webmaster@libertysflame.com