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Other Rights | |||||
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“… If man in the state of Nature be so free … if he be absolute lord of his own person and possessions, equal to the greatest, and subject to nobody, why will he part with his freedom … and subject himself to the dominion and control of any other power? To which, it is obvious to answer that though in the state of Nature he hath such a right, yet the enjoyment of it is very uncertain, and constantly exposed to the invasions of others. For all being kings as much as he, every man his equal, and the greater part no strict observers of equity and justice, the enjoyment of the property he has in this state is very unsafe, very insecure. This makes him willing to quit this condition, which, however free, is full of fears and continual dangers; and it is not without reason that he seeks out and is willing to join in society with others, who are already united, or have a mind to unite, for the mutual preservation of their lives, liberties, and estates, which I call by the general name, property. The great and chief end, therefore, of men’s uniting into commonwealths, and putting themselves under government, is the preservation of their property …” John Locke
from The Second Treatise of Civil Government, written in the early 1680s, published later. | |||||
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Other Rights | |||||
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Right to Protection from Illegal Searches and Seizures 2001, March 21 Ferguson v. City of Charleston Decided: The Medical University of South Carolina’s policy of testing pregnant women for cocaine is unconstitutional by reason of the Fourth Amendment in that the purpose of the policy was to obtain evidence for criminal prosecution. http://www.oyez.org/oyez/resource/case/1276/
Property Rights 2005, June 23 Kelo v. New London Decided: Government may seize private property and sell it to private developers. http://www.oyez.org/oyez/resource/case/1799/
Right to Due Process 2004, June 28 Hamdi v. Rumsfeld Decided: This is a case in which an American was captured in Afghanistan, accused of fighting for the Taliban, returned to a military prison in the U.S., and held indefinitely without being given the opportunity to challenge his detention. While the Executive Branch’s declaration that he was an enemy combatant was decided to be constitutional, certain Justices gave the opinion that the Fifth Amendment’s right to due process demands that a person held in the United States for accusations of being an enemy combatant be given an opportunity to challenge the detention before a neutral decision-maker. http://www.oyez.org/oyez/resource/case/1723/ http://www.law.duke.edu/publiclaw/supremecourtonline/editedCases/hamvrum.html http://www.supremecourtus.gov/qp/03-06696qp.pdf
Gay Rights 2000, April 26 Boy Scouts of America v. Dale Decided: The Boy Scouts of America has a constitutional right to bar homosexuals from serving as troop leaders in that homosexuality is inconsistent with the values that the organization seeks to instill in its members. http://www.lambdalegal.org/cgi-bin/iowa/cases/record?record=33 | |||||
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