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  •  While it was true at the time of our founding that (3+ / 0-)
    Recommended by:
    corvo, Azazello, Catesby

    these qualities "Life liberty and the pursuit of happiness..." were exceptional statements, Americans would do well to learn about protections and rights guarantees for other citizens around the world these days.

    There are many countries where citizens' rights are more protected from government abuse than in the USA now.

    The right of Amparo in Mexico is something I wish existed in the USA:

    Amparo, generally granted by a supreme or constitutional court, serves a dual protective purpose: it protects the citizen and his basic guarantees, and protects the constitution itself by ensuring that its principles are not violated by statutes or actions of the state that undermine the basic rights enshrined therein.

    It resembles, in some respects, constitutional remedies such as the writ of security available in Brazil and the constitutional complaint (Verfassungsbeschwerde) procedure found in Germany.

    If you feel that government action -- say eminent domain for highway construction -- violates your Constitutional rights, you can file a Recurso de Amparo and a qualified Constitutional judge has to examine the complaint and record a finding determining your rights.

    The USA, for example, has long had the (no longer fashionable) writ of habeas corpus, but that protects only the right of individual liberty.  Amparo protects all rights.  

    Yes, people in the USA can file a very expensive lawsuit against the government and pay for it out of their own pockets and maybe years down the road, they'll win at the Supreme Court.  Amparo jumps directly to Constitutional court and a ruling, relatively quickly and cheaply.

    "Exceptionalism" is a dated concept when applied to the USA's ideals. We've been surpassed just as much as we've fallen back on even trying to live up to the Founders' principles.

    "The law is meant to be my servant and not my master, still less my torturer and my murderer." -- James Baldwin. July 11, 1966.

    by YucatanMan on Wed Sep 11, 2013 at 09:14:36 PM PDT

    [ Parent ]

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