MiyagiYojimbo is absolutely correct about the wording of the law. And for everyone who says the amendment is outdated or doesn't apply or the Constitution is a "living document", there's a legal process for changing amendments. It hasn't happened. Legally, the wording SHOULD still apply as MiyagiYojimbo points out.
The problem is, people don't care. They don't want to try to go through the process of changing the amendment. So they just say whatever they want. Lawyers argue however they want. Juries decide however they want. Judges rule however they want. The wording doesn't really matter, because nobody cares except the person on trial.
There are countless examples of this. One of my favorites is the "separation of church and state" rulings. If you read the actual law, it says, "Congress shall pass no law respecting..." Very clear language here. "Congress": the legislative body in DC made up of the House of Representatives and the Senate. "shall pass no law" self explanatory. The rest doesn't even matter. So this is twisted and interpreted all kinds of completely off-the-wall ways because nobody wants to go through the process of actually changing the Constitution. The Constitution is a joke. The US is not a land of law. It is a land of judges, juries, and mob mentality.
Another fun example is how far the federal government has taken the right to regulate interstate commerce. They have twisted it to mean they basically do anything they want that might affect commerce in any way, which is everything. An example: the purchase of guns. Regardless of where the gun was made, the simple act of purchasing a gun has an impact on commerce somewhere somehow, so they can pass laws to throw you in jail for doing it any time they want. Same thing with buying raw milk. They control everything bought and sold. They could use this same twisted thinking to legislate any activity they wanted. Everything impacts commerce in some way: murder, traffic stops, cutting timber, etc.
The Constitution is a joke. Our legal system is a joke. We have no rights that we can depend on. It's mob vs mob fighting for legitimacy in the eyes of the public. That's why free speech is so important. That's why illegal searches is so important. That's why guns are so important.
- Paul
Edited 2 time(s). Last edit at 04/11/2014 09:51AM by PaulO.