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Repost from KIRKS LAW CORNER LLC REAL
16A Am. Jur. 2d Constitutional Law § 402
American Jurisprudence, Second Edition | February 2019 Update
Constitutional Law
IX. Fundamental Rights and Privileges
A. In General
§ 402. Constitutional guarantees—Immutability
Individual rights under our constitutions are immutable against all hostile legislation which is not required by considerations of public health or safety,(1) and such rights may not be made to yield to mere convenience (2) even if the majority of the people choose that they be. (3) Furthermore, the exercise of fundamental rights cannot be conditioned upon financial expense. (4)
CUMULATIVE SUPPLEMENT
Cases:
Fundamental rights may not be submitted to a vote; they depend on the outcome of no elections. Obergefell v. Hodges, 135 S. Ct. 2584 (2015).
A citizen’s constitutional rights can hardly be infringed simply because a majority of the people choose that it be. Latta v. Otter, 2014 WL 1909999 (D. Idaho 2014).
[END OF SUPPLEMENT]
Footnotes
1
National Mut. Ins. Co. of Dist. of Col. v. Tidewater Transfer Co., 337 U.S. 582, 69 S. Ct. 1173, 93 L. Ed. 1556 (1949).
When government authority imposes fees or taxes which implicate fundamental rights, strict judicial scrutiny is required. AAK, Inc. v. City of Woonsocket, 830 F. Supp. 99 (D.R.I. 1993).
Constitutional rights cannot be created by statutes or rules, nor can they be abolished by executive or judicial action. Chevron U.S.A., Inc. v. State, 578 So. 2d 644, 67 Ed. Law Rep. 844 (Miss. 1991).
Whether or not a right is fundamental dictates the appropriate level of constitutional scrutiny for evaluating the statute that is asserted to impinge upon that right. Taylor v. U.S. I.R.S., 915 F. Supp. 1015 (N.D. Iowa 1996), judgment aff’d, 106 F.3d 833 (8th Cir. 1997).
As to the regulation of rights under the police power, see §§ 378 to 388.
2
Kramer Trading Corp. of Texas v. Lyons, 740 S.W.2d 522 (Tex. App. Houston 1st Dist. 1987).
Although administrative convenience constitutes a legitimate state interest where rational basis scrutiny of regulatory enactments under the Federal Constitution is involved, such convenience is insufficient to justify state action that triggers any level of heightened scrutiny. Beaumont v. Federal Election Com’n, 278 F.3d 261 (4th Cir. 2002), judgment rev’d on other grounds, 539 U.S. 146, 123 S. Ct. 2200, 156 L. Ed. 2d 179, 190 A.L.R. Fed. 687 (2003).
Governmental convenience and certainty cannot prevail over constitutionally guaranteed rights. Mountain States Tel. & Tel. Co. v. Arizona Corp. Com’n, 160 Ariz. 350, 773 P.2d 455 (1989).
Individual rights may be claimed no matter how inconvenient society or its members may deem it. In re Brown, 478 So. 2d 1033 (Miss. 1985).
3
One’s fundamental rights may not be submitted to a vote; they depend on the outcome of no elections. American Civil Liberties Union of New Jersey v. Black Horse Pike Regional Bd. of Educ., 84 F.3d 1471, 109 Ed. Law Rep. 1118 (3d Cir. 1996).
No vote of the people can affect a right guaranteed by the Constitution, unless the vote is one amending the Constitution itself. Brown v. Board of Regents of University of Nebraska, 640 F. Supp. 674, 34 Ed. Law Rep. 478 (D. Neb. 1986).
Majority rule may not prevail when majority rule is violative of the United States Constitution. Walter v. West Virginia Bd. of Educ., 610 F. Supp. 1169, 26 Ed. Law Rep. 252 (S.D. W. Va. 1985).
4
Weinschenk v. State, 203 S.W.3d 201, 27 A.L.R.6th 667 (Mo. 2006).
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WHO REMEMBERS THIS... https://www.aclu.org/press-releases/president-obama-signs-indefinite-detention-bill-law
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Repost from Sergeant News Network 🇺🇸
A MESSAGE FROM THE ELITE - [They might be worried that the Natives may soon Revolt]
SHARE this far and wide🇺🇸
Join Us👉 @SGTnewsNetwork
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Repost from Pentagon Pedophile Task Force
PRESS RELEASE: MAFIA OPERATIVES ARE ATTEMPTING TO FRAME TIMOTHY CHARLES HOLMSETH IN MATTERS REGARDING MISSING CHILD RIVER JENNINGS – “PREDICATE ACTS” BY WILLIAM K. MURTAUGH AND OTHERS SATISFIED – PROSECUTION PENDING
- - - https://gab.com/Timothy_Charles_Holmseth/posts/108233709844861944
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Repost from A Message From The Vice President JFK Jr
"One Day many will hang their heads in shame, when they realize the evil they defended, and the Heroes they ridiculed."
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Repost from The Conspiracy Hole
BEHOLD A PALE HORSE
by Milton William Cooper
00:00:12 Chapter 1 - Silent Weapons for Quiet Wars
01:06:58 Chapter 2 - Secret Societies and the NWO
02:22:45 Chapter 3 - Oath of Initiation of an Unidentified Order
02:29:09 Chapter 4 - Secret Treaty of Verona
02:37:14 Chapter 5 - Goodbye USA, Hello NWO
03:03:25 Chapter 6 - HR 4079 and FEMA
04:22:36 Chapter 7 - Anti-Drug Abuse Act of 1988 HR 5210
04:38:51 Chapter 8 - Are the Sheep Ready to Shear?
04:41:34 Chapter 9 - Anatomy of an Alliance
05:19:03 Chapter 10 - Lessons from Lithuania
05:23:59 Chapter 11 - Coup de Grace
05:47:57 Chapter 12 - The Secret Government
07:37:49 Chapter 13 - Treason in High Places
07:59:25 Chapter 14 - Protocols of the Elders of Zion
10:26:20 Chapter 15 - Ropes of Bondage
@TheConspiracyHole
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Repost from A Message From The Vice President JFK Jr
CGI
Masks
Initiate Phase III
Initiate Plan B 🧨💥⚡🧬
The United States Needs The Insurrection Act
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Repost from THE GUINEA BASTARD 🇺🇸
[They] Tell You Exactly What They’re Up To
Obama Thinks We Forgot About Reverend Wright’s Speeches
Obama Thinks We Forgot About What His Half Brother Malik Obama Has Said Regarding His Brother’s Evil Doings
Socialism is Communism
Communism is EVIL
• Crimes Against Humanity
• Crimes Against Children
• Treason / War Crimes
Never Forget
JOIN | @NATE1776 🇺🇸
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Please tell me... Randi did not buy this... That woman... one must ask WHY? https://www.realtor.com/realestateandhomes-detail/423-Drage-Dr_Apopka_FL_32703_M93034-34080
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Repost from Liz Harrington
“We will never take God out, they want God gone, they want God out.” - President Donald J. Trump 🇺🇸🇺🇸🇺🇸
@LizHarrington76
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Repost from GITMO TV
'2000 Mules' documentary film hits this week.
81m votes didn't equal 81m voters.
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Repost from il Donaldo Trumpo
"RIGGED" Movie Trailer
https://rumble.com/v1360zp-rigged-movie-trailer.html
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Based on my observations, Timothy Charles Holmseth (TCH) and Lin Wood are the top two targets, especially on telegram.
TCH got real recorded phone calls that amount to confessions. That’s real hard facts and evidence on a major Florida child trafficking network. He has lots of these recordings spelling out the whole enterprise. (BIG Business!! Millions of dollars? Billions if he got them to name names of the higher ups!?! Child trafficking is the most profitable business in the world.)
You can hear when you listen to his recorded phone calls that all he did was ask basic questions as a journalist and everybody involved in the Hallie Cummings disappearance started spilling their guts and all of a sudden they were talking about big international crimes.
I personally think that Christ put Timothy right there at the right time to answer our prayers that these people would all be exposed.
By the way, Timothy’s experience shows that decent sized chunks of the three letter agencies must be in on it because you can hear in the calls that these criminals aren’t smart!
Our three letter agencies are supposed to be the best and brightest our country has to offer working night and day to protect America. They could clean up all these networks. They are fully capable of doing their jobs and the job doesn’t get done.
It takes a guy like Timothy to just bother to ask and these low life’s word vomit everything into his lap and then proceed to try to take him out.
Now, why is Lin Wood the second top target?
Lin communicated Timothy’s blockbuster information to the public in a more powerful way than anyone else. Before Lin’s incredible speech in combination with his powerful tweets, the info was sitting on a website that hardly anyone knew about. Lost in the bottomless pit of the internet, easily suppressed by all the search engines.
This makes Lin just as big a deal as Timothy. And a match made in heaven.
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Repost from Lin Wood
We The People need to clean out the snakes in the Patriot movement if the movement is going to represent TRUE Patriots and their quest to be free from the tyranny of the ruling establishment and the Deep State.
The snakes are those not fighting for Trump, those not fighting to FIX 2020, those not fighting to get rid of the computer voting cheat machines, those not fighting child sex trafficking, and those who focus on making money and giving speeches for profit.
There are other snakes in the midst of TRUE Patriots, but we can identify them after we cut off the heads of the snakes described above.
Just sayin.’
Lin 🙏❤️🇺🇸
www.FightBack.com
P.S. And just to be clear so that the propagandists are not able to falsely accuse me like they have done repeatedly in the past regarding comments I made about Mike Pence and firing squads, “cutting off their” heads is rhetorical and political hyperbole. I would never advocate that We The People physically harm another person unless in the legitimate exercise of self-defense. It simply suggests that we identify these people and lawfully get them out of positions of leadership.
The enemy likes to distort your words to create its own propaganda to use against you.
The enemy is the deceiver of deceivers. The enemy is the liar of liars.
I know Constitutionally protected speech. I know the law on political and rhetorical hyperbole. I know the TRUTH about the First Amendment Right of Free Speech and how it is lawfully and properly exercised.
Check my record.
