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Posted: 5/1/2015 9:16:20 PM EDT
[#1]
Quote HistoryQuoted:
Since we seem to be talking about the Federal constitution, that is the question. How are they constitutional? In other words, which part authorizes them? No such part? Then they are unconstitutional by default. Quote HistoryQuoted:
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Yup, I'm sure the founding fathers were all for curfews on citizens... NOT  He's not asking if the founding fathers would have supported them. He's asking if they are Constitutional. Since we seem to be talking about the Federal constitution, that is the question. How are they constitutional? In other words, which part authorizes them? No such part? Then they are unconstitutional by default. I was under the impression that we were talking about municipalities (like Baltimore) imposing curfews during periods of civil unrest. I can't find anything in the Constitution that would prohibit this. Ergo, it appears to be Constitutional. Whether it's a wise move on their part is another discussion, I'd think. |
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Posted: 5/1/2015 9:49:05 PM EDT
[#2]
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Are curfew's constitutional? Yes, but using apostrophes improperly isn't. Prepare for the Scalia beatdown. |
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Posted: 5/1/2015 10:07:51 PM EDT
[#3]
5th amendment violation. Right to due process is violated. "Them people are looting, no one can leave their house" is not due process in any way shape or form.
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Posted: 5/1/2015 10:25:17 PM EDT
[#4]
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Posted: 5/1/2015 10:28:59 PM EDT
[#5]
Seems to pass both the letter and spirit of law, provided that they are only used in extreme circumstance. I would hazard a guess that the framers would have been ok with a curfew the day of the riots to restore rule of law, but not anything beyond that.
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Posted: 5/1/2015 10:44:30 PM EDT
[#6]
No person shall be denied life, liberty, or property, without due process of law.
Liberty - In the state of nature, liberty consists of being free from any superior power on Earth. People are not under the will or lawmaking authority of others but have only the law of nature for their rule. Seems pretty clear that liberty is being denied without due process. |
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Posted: 5/1/2015 11:04:01 PM EDT
[#7]
Quote HistoryQuoted:
The government can give itself powers not explicitly enumerated in the constitution? Quote HistoryQuoted:
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Declared state of emergency, yes. Generally this means martial law.  I hope we never come to that but I suspect it's right around the corner.The government can give itself powers not explicitly enumerated in the constitution? Congress has authority to provide for calling forth the militia to suppress insurrections. The feds have the responsibility to guaranty republican government, which is not mob rule. The powers of the state governments are not derived from the Constitution. |
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Posted: 5/1/2015 11:06:53 PM EDT
[#8]
Quote HistoryQuoted:
5th amendment violation. Right to due process is violated. "Them people are looting, no one can leave their house" is not due process in any way shape or form. Try again. |
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Posted: 5/1/2015 11:12:19 PM EDT
[#9]
Quote HistoryQuoted:
I'm sure the Supremes would rule that they are. But I think they go against the very soul of the Constitution. Yes... This... |
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Posted: 5/1/2015 11:18:35 PM EDT
[#10]
Misuse of apostrophes is unconstitutional.
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Posted: 5/1/2015 11:23:46 PM EDT
[#11]
Quote HistoryQuoted:
"Freeman"  Quote HistoryQuoted:
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LOL curfews. As a freeman, I'll go where I want, when I want, how the fuck I want. "Freeman" he meant to type Fremen. as in the Dune characters. or maybe a sovern citizen. |
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Posted: 5/1/2015 11:34:21 PM EDT
[#12]
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And that speshul snowflake attitude can be rightously adjusted. Quote HistoryQuoted:
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LOL curfews. As a freeman, I'll go where I want, when I want, how the fuck I want. And that speshul snowflake attitude can be rightously adjusted. You can sure give it a go. |
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Posted: 5/1/2015 11:36:08 PM EDT
[#13]
The First Amendment only applies from 5AM to 10PM and the Tenth Amendment never applies at any time of day.
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Posted: 5/1/2015 11:36:10 PM EDT
[#14]
Quote HistoryQuoted:
he meant to type. Fremen. as in the Dune characters. or maybe a sovern citizen. Quote HistoryQuoted:
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LOL curfews. As a freeman, I'll go where I want, when I want, how the fuck I want. "Freeman" he meant to type. Fremen. as in the Dune characters. or maybe a sovern citizen. Not a SC whacko, but I'm not 10 years old and don't need to be told to be home when the street light come on. |
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Posted: 5/1/2015 11:36:57 PM EDT
[#15]
Quote HistoryQuoted:I can't find anything in the Constitution that would prohibit this. Ergo, it appears to be Constitutional. That's not how it works - read the Tenth Amendment . 
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Posted: 5/1/2015 11:37:51 PM EDT
[#16]
Quote HistoryQuoted:
Seems to pass both the letter and spirit of law, provided that they are only used in extreme circumstance. I would hazard a guess that the framers would have been ok with a curfew the day of the riots to restore rule of law, but not anything beyond that. What law? Which article or Amendment of your copy of the Constitution contains the spirit you cite? |
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Posted: 5/1/2015 11:39:00 PM EDT
[#17]
Quote HistoryQuoted:
They are part of the police power authority of local and state government. Sort of like the authority to order rioters to disperse and get off the streets. They are constitutional when imposed in response to civil unrest. The Constitution doesn't include a right to run riot through the night. Above |
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Posted: 5/1/2015 11:44:26 PM EDT
[#18]
Quote HistoryQuoted:
That's where I'm at with it. So far. FLA1LA explained it pretty well. Quote HistoryQuoted:
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Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Seems like kind of a stretch. They shall make no LAW...but a temporary curfew is not a law. If curfews were being used frivolously then I'd have a problem with that, but when they are only used to protect the people from a clear and present danger, then it is obviously a helpful measure. That's where I'm at with it. So far. FLA1LA explained it pretty well. Yeah, right now they're just being used to TRY and stop this nonsense. |
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