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Maggie’s Funny & awesome pics, vids and memes thread (work safe, no nudity)

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If you think that a “right” must be enumerated in order to be protected, you don’t understand the Constitution…
Oh, I think I do.

How about you?

When it is referred to as a "Constitutional Right":

What is a Constitutional Right?​


A constitutional right is a fundamental liberty or entitlement legally guaranteed to individuals by a constitution, serving as a protection against governmental infringement and shaping the relationship between the state and its citizens.


Understanding the Legal Meaning of Constitutional Rights​


Constitutional rights are fundamental principles enshrined in a nation’s constitution, providing a framework for the social and legal order.


Definition of Constitutional Rights​

Noun

  1. Rights the U.S. Constitution provides to American citizens, especially the first ten amendments to the Constitution, a.k.a. the Bill of Rights.

constitutional rights​


Primary tabs​


Constitutional rights are the protections and liberties guaranteed to the people by the U.S. Constitution. Many of these rights are outlined in the Bill of Rights; such as the right to free speech in the First Amendment, and the right to a speedy and public trial in the Sixth Amendment. Even though these rights are expressly stated, their scope and proper implementation remains the subject of debate. As such, a large quantity of case law revolving around the application of constitutional rights has developed.
Additionally, not all rights protected by the U.S. Constitution are explicitly stated within. Some are implied or unenumerated, like the right to privacy. These unenumerated rights are established in case law.





Other rights may be inferred if not enumerated, so where is the "Constitutional Right" to abortion even inferred to in the Constitution or established by case law?

I'll wait. . .
 
I’ll just use your quote.

Additionally, not all rights protected by the U.S. Constitution are explicitly stated within. Some are implied or unenumerated, like the right to privacy. These unenumerated rights are established in case law.

I’m not arguing for abortion, specifically. However, a big argument against the inclusion of any Bill of Rights in the Constitution was the implication that the enumerated rights encompassed all rights.

I’m going to use an analogy. There are two broad categories of insurance policies;
Named perils and all risks. A named perils policy only covers against the perils specifically enumerated in the policy. An all risks policy covers anything that is not explicitly excluded from the policy.

While the US constitution includes enumerated rights, it functions (in large part b/c of the 10th amendment) analogously to an all risks insurance policy. Unless the power (right) is specifically barred to the individual States or the people, it is retained by the States or the people.
 
I’ll just use your quote.



I’m not arguing for abortion, specifically. However, a big argument against the inclusion of any Bill of Rights in the Constitution was the implication that the enumerated rights encompassed all rights.

I’m going to use an analogy. There are two broad categories of insurance policies;
Named perils and all risks. A named perils policy only covers against the perils specifically enumerated in the policy. An all risks policy covers anything that is not explicitly excluded from the policy.

While the US constitution includes enumerated rights, it functions (in large part b/c of the 10th amendment) analogously to an all risks insurance policy. Unless the power (right) is specifically barred to the individual States or the people, it is retained by the States or the people.

"retained by the States" that's why abortion is a States' rights issue and not a Federal one because it is not a Constitutional Right (either enumerated, inferred or established by case law) as Bernie Boy wrongfully asserts.
 
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Mount Shasta….
View attachment 8550359
The road closures are everywhere around me. A good day to work from home even though my work Go Bag is ready.
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From the CalTrans Real time conditions map, Snow Chain Requirements, CHP logged incidents, and Snow Plows are everywhere. 🤣

I feel sorry for the foolish truck driver at the incident between Routes 97 and 139, North East of Mount Shasta. This is not the weather to try and use Forest and County Roads to bypass a Closure. That’s going to be a hearty Tow Bill $$$$ to get him out. Play stoopid games…….
 
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View attachment 8550420

From the CalTrans Real time conditions map, Snow Chain Requirements, CHP logged incidents, and Snow Plows are everywhere. 🤣

I feel sorry for the foolish truck driver at the incident between Routes 97 and 139, North East of Mount Shasta. This is not the weather to try and use Forest and County Roads to bypass a Closure. That’s going to be a hearty Tow Bill $$$$ to get him out. Play stoopid games…….
Kali ain't just beaches and farm ground. The Sierras don't fuck around.
 
Kali ain't just beaches and farm ground. The Sierras don't fuck around.
Or the Coast Range or the Southern Cascades.

GPS and Mapping apps try to and do kill people every year up here, especially in the Winter.

ATM, more roads have closed due to the combination of snow, traffic incidents, and downed trees an power lines. Not a good time to travel North. The Hotels around Redding are already sold out/full.
 
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