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View Diary: DADT: Major Witt to return To Air Force! "No important govt interest served by discharge." Updatex6. (320 comments)

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  •  Well Suppose Congress or President Pronounced (1+ / 0-)
    Recommended by:
    skrekk

    something a "right." Seems to me the opponents would take it straight to the courts.

    IANAL but I don't see how the other 2 branches or the people can definitively recognize a right.

    We are called to speak for the weak, for the voiceless, for victims of our nation and for those it calls enemy.... --ML King "Beyond Vietnam"

    by Gooserock on Fri Sep 24, 2010 at 06:41:08 PM PDT

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    •  Constitutional amendment is well within the (0+ / 0-)

      legislature's powers.  They can use it to declare rights.

      Picture a bright blue ball just spinnin' spinnin' free. It's dizzy with possibility.

      by lockewasright on Sat Sep 25, 2010 at 05:20:03 AM PDT

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    •  Actually, they can (0+ / 0-)

      Congress and state legislatures recognize and declare rights all the time.  The field of criminal procedure is full of such statutorily declared rights.  For example, here in California, a defendant who is convicted has a statutory right to paid appellate counsel, even though the courts have never said that the Constitution requires the state to pay for counsel at the appellate level.  The same rights exist here for participants in juvenile dependency proceedings.  If indigent, they are entitled to representation that is paid for by the government.

      The same is true of the executive branch.  For example, President Clinton issued an executive order late in his administration giving LGBTs the right to be free from discrimination in federal employment.  Many governors have done the same.

      Maladie d'Amour, Où l'on meurt d'Aimer, Seul et sans Amour, Sid'abandonné

      by FogCityJohn on Sat Sep 25, 2010 at 05:05:54 PM PDT

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