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Rights and License


Subdeacon Joe

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Can you tell us more about the court cases you quoted?

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Both Murdock and Shuttlesworth are 1st Amendment cases, but the opinion that rights can't be subject to licensing or fees should apply to the entire Bill of Rights.

 

https://supreme.justia.com/cases/federal/us/319/105/

 

https://caselaw.findlaw.com/us-supreme-court/373/262.html



Some others:

 

 "Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda v. Arizona, 384 US 436, 491. 

"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. US, 230 F 486, at 489.

“There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights." Sherer v. Cullen, 481 F 946

 

"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections."

: Robert H. Jackson, US Supreme Court Justice West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)

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Article the Fourth

 

amend2.gif.381cadaf47b4331a90ce3004a5beb858.gif

 

I don't know why nobody seems to be able to transcribe this twice the same way

 

Remember: the original Bill of Rights contained 12 articles; only Articles 3-12 were approved by the states; Article the Fourth thus became the Second Amendment.

 

my original source for this vanished shortly after I published my paper on it -- which was a follow up to Joyce Lee Malcom story on "Comma Theory"

 

however you can still find it via the Wayback Machine

 

I found another source as well:     https://memory.loc.gov/cgi-bin/ampage?collId=llsj&fileName=001/llsj001.db&recNum=93

 

 

 

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