The Bill of Rights has no catch-all “exception” clause: That’s why it’s “obsolete” for new governments

English: Detail of Preamble to Constitution of...

Image via Wikipedia

More vindication for my protest against criticisms of the United States Constitution.

Be very skeptical of calls for some new constitution for America, a Trojan horse lies in wait therein. The powers that be have already shown in Iowa that they don’t mind rigging the results of caucus voting, and in Nevada it seems like it happened again, where Ron Paul was surging in the results and all of a sudden they stopped counting and CNN and the rest cut off reporting and they didn’t come back to reporting on it until the next day when the Party bosses’ favorite “won”.

Here is the key to what is wrong with all these “modern” constitutions. A puzzle for you puzzle-loving types: Where is the devil hidden in these details?

From http://blogs.wsj.com/law/2012/02/08/canada-constitutional-superpower/

(The revisions guarantee equal rights for women and disabled people, allow affirmative action and require that those arrested be informed of their rights, among other things, but as Liptak notes, the Charter is also less absolute: Such rights are balanced against “such reasonable limits” as “can be demonstrably justified in a free and democratic society.”)

Okay, I’ll clip out the bad part:

Such rights are balanced against “such reasonable limits” as “can be demonstrably justified in a free and democratic society.”

Who decides what is “demonstrably justified”? That’s a loophole, and it’s big enough to drive a caravan of Mac tractor-trailers through, three abreast! That’s exactly what the Chinese premier quoted at Bill Clinton from the United Nations Declaration of Rights: “Except where prohibited by law”, or some other everything-goes legal escape clause.

Chavez got one of those clauses too, they included some UN stuff in Venezuela’s Chavista constitution.

Call it a “get out of respecting rights” clause. The rulers already have told us the Patriot Act is “constitutional”, even without such a diabolical catch. Gitmo, torture, targeting citizens on presidential whim, self-written warrants, search and seizure, government takings for private use, anything goes when they can make up some excuse as to why something might be “demonstrably justified” as protecting the “free and democratic society”, whatever they define that as.

 

 

 

About these ads

Tags: , , , , , , , , , , , ,

One Response to “The Bill of Rights has no catch-all “exception” clause: That’s why it’s “obsolete” for new governments”

  1. Since when should we have to tell the rulers a “good reason” for using our constitutional rights?! « Trutherator's Weblog Says:

    [...] The Bill of Rights has no catch-all “exception” clause: That’s why it’s &#82… (trutherator.wordpress.com) [...]

Comments are closed.


Follow

Get every new post delivered to your Inbox.

Join 184 other followers

%d bloggers like this: