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Where in the Constitution does it say?
That a right can be violated if the government has a "compelling interest"?
I can't find it. Is that something they made up after in order to pass laws and enforce them that are in violation of the Constitution?
Any right, the supreme court has ruled that a law or statute can violate the constitution if the state has a compelling interest. Where do they get this from or is it just a "good enough" reason to not obey the Constitution? It's a simple straightforward question that doesn't need specifics to be answered intelligently.
@mary - I thought it was obvious I was pointing out it wasn't in the Constitution. Since it's not in the Constitution it is not within the authority of the Government to say that they have any compelling interest to violate the Constitution. The only "compelling interest" they have when it comes to rights, the ones listed and the ones not listed covered by the 9th Amendment is making sure the law abides by them and in no way contradicts them. I thought that much was obvious #1 and #2 it's not really that complicated to understand. Right - something the government cannot intrude upon, regardless of the "compelling interest" the government has.
9 Answers
- SeanLv 79 years agoFavorite Answer
America needs to enforce liberty, and not care about any of the government's compelling interests. Its interests aren't suppose to mean anything to us, it's our interests as individual Americans that was suppose to matter.
- Anonymous9 years ago
Who said it was in the Constitution? You are the first person I have heard say such a thing.
The phrase "compelling interest" is simply a legal term used when trying to decide between compelling interests in a case .Many times a case ends up having to be decided between 2 Rights and in such cases arguments as to which right has the compelling interest are argued .
It iscomplicated process with no easy answer but if you really want an answer and understand especially because it deals with the current contraception issue,read the URL below
- LawgirlLv 79 years ago
The Supreme Court has ruled that way in many cases. For example they have used the takings clause of the fifth amendment to justify eminent domain.
- 9 years ago
Its not in there. Obama and Bush and pretty much every president since Keneddy violates the constitution over and over again. Bush did it at least 3 times and Obama has done it more than 15 times.
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- JUSTsayKNOWLv 69 years ago
@rent:
you're touting judicial review?
the same process that f*cked over dred scott?
