Hacker News new | past | comments | ask | show | jobs | submit login

Selective incorporation: https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_R...

10th Amendment: https://en.wikipedia.org/wiki/Tenth_Amendment_to_the_United_...

> The Tenth Amendment, which makes explicit the idea that the federal government is limited to only the powers granted in the Constitution, has been declared to be a truism by the Supreme Court.

Supremacy clause: https://en.wikipedia.org/wiki/Supremacy_Clause

> The Supremacy Clause of the United States Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land.[1] It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to federal law.[2] In essence, it is a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with federal law

Natural rights ('inalienable rights': Equal rights, Life, Liberty, pursuit of Happiness): https://en.wikipedia.org/wiki/Natural_and_legal_rights

9th Amendment: https://en.wikipedia.org/wiki/Ninth_Amendment_to_the_United_...

> The Ninth Amendment (Amendment IX) to the United States Constitution addresses rights, retained by the people, that are not specifically enumerated in the Constitution. It is part of the Bill of Rights.

If the 9th Amendment recognizes any unenumerated rights of the people (with Supremacy, regardless of selective incorporation), it certainly recognizes those of the Declaration of Independence ((secession from the king ('CSA')), Equality, Life, Liberty, pursuit of Happiness), our non-binding charter which frames the entirety of the Constitutional convention

All of these things have been interpreted by the courts and their conclusion was not like yours

It is nice that you are interested in these things, but they simply cannot be read verbatim and then extrapolated to other things.

This isn't educational for anybody, this is a view that lacks all consensus and all avenues to ever garner consensus in this country.

Again, I ask you to explain how the current law grants equal rights.


> We tend to have issues with Equal rights/protections: slavery, voting rights, [school] segregation. Please help us understand how to do this Equally:

>> Furthermore, (1) write a function to determine whether a given Person has a (natural inalienable) right: what information may you require? (2) write a function to determine whether any two Persons have equal rights.

Abolitionists faced similar criticism from on high.

Guidelines | FAQ | Support | API | Security | Lists | Bookmarklet | Legal | Apply to YC | Contact