Should honor killings be legal in the US because of the First Amendment? (user search)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
May 29, 2024, 04:15:16 AM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Politics
  U.S. General Discussion (Moderators: The Dowager Mod, Chancellor Tanterterg)
  Should honor killings be legal in the US because of the First Amendment? (search mode)
Pages: [1]
Poll
Question: Should honor killings be legal in the US because of the First Amendment?
#1
Yes
 
#2
No
 
Show Pie Chart
Partisan results

Total Voters: 17

Author Topic: Should honor killings be legal in the US because of the First Amendment?  (Read 4320 times)
A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« on: January 03, 2006, 03:08:36 PM »

Explain.
Logged
A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #1 on: January 03, 2006, 03:22:41 PM »

No, and you should see Employment Division v. Smith.
Logged
A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #2 on: January 03, 2006, 03:36:01 PM »

I'm sure the right to one's own life is ensured by some other part of the constitution...

No, it isn't.

However, free exercise does not excuse a person from a neutral law of general applicability.
Logged
A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #3 on: January 03, 2006, 07:30:40 PM »

The fifth amendment says, "No person shall ... be deprived of life ... without due process of law."

In plain language, it says, "killing someone is not okay unless the person is sentenced to death in a court of law."

What a ridiculous argument. The Fifth Amendment restricts the federal government, not private individuals.
Logged
A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #4 on: January 03, 2006, 08:35:33 PM »

Although you disagree with Gabu's arguement, you must agree that some crazed zealot can't just go around killing people in the name of some damn religon.

It's called the compelling interest test, except it doesn't even apply here, because under Employment Division v. Smith, free exercise never excuses a person from a neutral law of general applicability (as I've pointed out twice now).
Logged
A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #5 on: January 03, 2006, 08:46:39 PM »

There was that weird Taft opinion on due process, but the reasoning there has long been abandoned.
Logged
A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #6 on: January 03, 2006, 10:25:47 PM »

The same is true of Article I, Section 8, and yet you see the same restrictions applied to the states in Article I, Section 9.
Logged
A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #7 on: January 04, 2006, 03:33:43 PM »
« Edited: January 04, 2006, 03:36:57 PM by A18 »

There was that weird Taft opinion on due process, but the reasoning there has long been abandoned.
Which case are you talking about? I would be interesting in reading this opinion.

Truax v. Corrigan, 257 U.S. 312 (1921)

... A law which operates to make lawful such a wrong as [picketing] deprives the owner of the business and the premises of his property without due process, and cannot be held valid under the Fourteenth Amendment. ...
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 5.475 seconds with 14 queries.