I would point out that the Ninth Amendment in the Bill of Rights specifically recognizes that there are "rights of the people" that are not enumerated.
A right of "free passage, or unrestricted travel" is not hard to imagine as being such a right of the people, especially when we are burdened with a judicial sphere that proclaims that a right to abortion exists.
Viewed in such a light, a driver's license would necessarily be minimally expensive, shall issue, nationally recognized, and only revoked for cause after due process - which is pretty much the position that prevails if you are prepared to squint a little over the "must pass a test" element.
I would argue that "Jack" and others are NOT having trouble distinguishing between rights and privileges, but between enumerated rights and other rights not enumerated.
In the case of Amendment II, that would be between that which "shall not be infringed" (because that's what it says), and that upon which SOME infringement MIGHT be permissible - seeing as it was not explicitly listed.
Principally, my point is that simply because a right is not enumerated in the Bill of Rights DOES NOT RENDER IT A PRIVILEGE.
Unfortunately, Jack doesn't know the difference between a privilege(driver's license) and a Constitutionally protected right (gun ownership).
ReplyDeleteYes, our wonderful "educational system" at work again.....
ReplyDeleteElmo:
ReplyDeleteI would point out that the Ninth Amendment in the Bill of Rights specifically recognizes that there are "rights of the people" that are not enumerated.
A right of "free passage, or unrestricted travel" is not hard to imagine as being such a right of the people, especially when we are burdened with a judicial sphere that proclaims that a right to abortion exists.
Viewed in such a light, a driver's license would necessarily be minimally expensive, shall issue, nationally recognized, and only revoked for cause after due process - which is pretty much the position that prevails if you are prepared to squint a little over the "must pass a test" element.
I would argue that "Jack" and others are NOT having trouble distinguishing between rights and privileges, but between enumerated rights and other rights not enumerated.
In the case of Amendment II, that would be between that which "shall not be infringed" (because that's what it says), and that upon which SOME infringement MIGHT be permissible - seeing as it was not explicitly listed.
Principally, my point is that simply because a right is not enumerated in the Bill of Rights DOES NOT RENDER IT A PRIVILEGE.