Restore the Old Republic
Posted Dec 5, 2005 23:39 UTC (Mon) by jmorris42
In reply to: Linux in a binary world... a doomsday scenario
Parent article: Linux in a binary world... a doomsday scenario
> The Constitution reserves all rights to the states, and to the people.
Not true, and hasn't been for over a hundred years. The 9th and 10th Amendments are effectively removed from the Constituition by long standing usage. Don't believe me? Then find the justification for the Dept of Education in the US Constituition. Were the 9th and 10th still in effect they would clearly forbid one. I submit the fact it indeed exists as irrefutable proof the 9th and 10th Amendments do NOT in fact exist. I could have just as easilly picked a hundred different proofs. There is some hope that a new Supreme Court might revive them if Stevens could get replaced in the next year or so, but I wouldn't actually bet it on.
The 2nd, despite the best efforts of the NRA, is gone; the fundamental right it enshrined has been replaced by sporadic gifts from the State of a license to bear (certain, very select) arms, revokable at the whim of the State.
The 1st, if any doubt remained of it's effectiveness, was snuffed out when Bush signed the McCain/Fiengold Campaign Finance Reform Act.
Need I go on? Many think the 4th is fading fast (Patriot Act among many other reasons) The 6th can't be said to hold unless you can say with a straight face the courts give ANYONE a 'speedy trial'. The civil judgement against OJ clearly violated Amendment 7 (A jury decided he didn't kill his ex, so a later ruling he was liable for the death clearly violated.) and was upheld. etc.
> But I agree with you, we do not enjoy a natural or legal right to be
> provided with a certain kind of computer and software.
If the original Constituition still held then we wouldn't have a Right to be 'provided' a certain kind of computer but we danged well would have the Right to make/sell/buy/possess/use one. A Supreme Court composed of Originalists would laugh at the DMCA and roll on the floor laughing when the inevitable attempt is eventually made to outlaw non TCPA hardware. Which is why we have to fight to restore the Old Republic, so we can become Free Citizens again instead of Consumers.
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