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The Supreme Court does not value the Ninth Amendment very much. Using it for anything will not get you very far. This probably falls under some Due Process clause under the 14th Amendment. However I'm basing this on two Con Law classes I took on the way to my History Degree with no interest in follow up with more law classes. Sucks for him either way and I agree that the conservatives just use it as an excuse to do what they want.
if (Kos) doesn't like what goes on here, he can start his own damn website! - Major Danby
by Green Zombie on Fri Jun 02, 2006 at 06:49:21 AM PDT
Its just a few bad apples that have committed this massacre of our Constitution and Bill of Rights.
What we really need is Congress to pass a law that says if you work for the government, and you take an action that either puts or aids and abets those who put an inocent person in jail, then that person shall be released and you shall complete the sentence.
That legal ethic can be found in Law codes going back to the time of Hammurabi (Hammurappi).
If any one bring an accusation against a man, and the accused go to the river and leap into the river, if he sink in the river his accuser shall take possession of his house. But if the river prove that the accused is not guilty, and he escape unhurt, then he who had brought the accusation shall be put to death, while he who leaped into the river shall take possession of the house that had belonged to his accuser. If any one bring an accusation of any crime before the elders, and does not prove what he has charged, he shall, if it be a capital offense charged, be put to death. If a judge try a case, reach a decision, and present his judgment in writing; if later error shall appear in his decision, and it be through his own fault, then he shall pay twelve times the fine set by him in the case, and he shall be publicly removed from the judge's bench, and never again shall he sit there to render judgement.
If any one bring an accusation against a man, and the accused go to the river and leap into the river, if he sink in the river his accuser shall take possession of his house. But if the river prove that the accused is not guilty, and he escape unhurt, then he who had brought the accusation shall be put to death, while he who leaped into the river shall take possession of the house that had belonged to his accuser.
If any one bring an accusation of any crime before the elders, and does not prove what he has charged, he shall, if it be a capital offense charged, be put to death.
If a judge try a case, reach a decision, and present his judgment in writing; if later error shall appear in his decision, and it be through his own fault, then he shall pay twelve times the fine set by him in the case, and he shall be publicly removed from the judge's bench, and never again shall he sit there to render judgement.
Live Free or Die --- Investigate, Impeach, Incarcerate
by rktect on Fri Jun 02, 2006 at 07:16:52 AM PDT
[ Parent ]
I'm not too sure about letting a river decide guilt or innocence. Actually, I'm sure it's a bad idea.
XT
Christian liberal is NOT an oxymoron. All comments are strictly the opinion and/or research of Thurman Hart.
by Xpatriated Texan on Fri Jun 02, 2006 at 07:24:50 AM PDT
would be fairer than the present system where then can kidnap you, torture you insane, then use your tortured confession against you in court, hold you without rendition, deny you access to an attorney, gather evidence about you without a warrant or your knowledge, bring some quack into court to testify how your DNA is compatible, and then if they lose overturn the decision with a packed Supreme Court.
by rktect on Fri Jun 02, 2006 at 07:52:51 AM PDT
Comparable, maybe, but not fairer.
by Xpatriated Texan on Fri Jun 02, 2006 at 08:01:42 AM PDT
Maybe we could do better???
The biggest problem I see is that it took us almost four millenia to get here and we have maybe a decade left to find a solution before the waters begin lapping at the steps of the court house and it becomes our whole system of justice that will have to be given over to the goddess Ani to make her decision.
by rktect on Fri Jun 02, 2006 at 08:19:51 AM PDT
Nice picture of the code of Hammurabi.
by Green Zombie on Fri Jun 02, 2006 at 07:27:27 AM PDT
as created by academia, law schools, politicians, and the apathy of the American People.
Thousands of years ago people learned it was better to decide things on the basis of a written law that applied to everyone rather than the law as decreed by the spoken word of the king.
The absolute power of the law needs to be tempered by wisdom in order to bring forth justice, but by making the written law something subject to interpertation by lawyers and judges the courts went halfway back to recognizing the divine rights of kings in the bronze age.
By giving preference to police officiers, prosecuters and witnesses for the government in evaluating testimony and allowing plea bargins rather than actuallyu setteling cases on the merits we threw justice out the window.
by rktect on Fri Jun 02, 2006 at 08:13:30 AM PDT
wide narrow
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