Quote:
Originally Posted by tk471138
"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda v. Arizona, 384 US 436, 491.
"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. US, 230 F 486, at 489.
There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights." Sherer v. Cullen, 481 F 946
"The assertion of federal rights, when plainly and reasonably made, is not to be defeated under the name of local practice." Davis v. Wechsler, 263 US 22, at 24
|
It seems a bit odd to me that you're relying on provisions granted by what was then in effect the government of the day, yet complain when the government of these days wants to restrict it. Times and people change, well some of them.
Government's make laws and governments can change the constitution. All it needs is the appropriate public or political will to make it happen. That's one of the the things about living in a democracy - sometimes you have to accept what other people want.
Hood