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#101 2005-06-01 7:05 pm

jerwin
Sophist
From: The Garden of Pure Ideology
Registered: 2003-01-01
Posts: 7057

Re: Who's really free?

Cyberpawz wrote:

KingFred wrote:

Nothing to fix, that is, word for word, a direct and accurate quote.

It's wrongly quoted when you don't give the reason behind the statement.

Say what you mean. Mean what you say. More advanced constructions come later.


Some subjects actually enjoy pain, and withhold information they might otherwise have divulged in order to be punished.
Central Intelligence Agency. (1983). Human Resource Exploitation Training Manual

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#102 2005-06-01 7:54 pm

Cyberpawz
Member
Registered: 2001-11-14
Posts: 10172

Re: Who's really free?

jerwin wrote:

Cyberpawz wrote:

KingFred wrote:

Nothing to fix, that is, word for word, a direct and accurate quote.

It's wrongly quoted when you don't give the reason behind the statement.

Say what you mean. Mean what you say. More advanced constructions come later.

I said exactly what I meant, now if it was taken in the context in which the conversation was following at the time it would of not of sounded as KF has made it to sound.

I said that quote in the way that changing people's minds here is virtually impossible due to the fact of the liberal leaning slant this forum takes.... and then I said that quote.


Governing sense, mind and intellect, intent of liberation, free from desire, fear and anger, the sage is forever free.

Bhagavad Gita (c.B.C. 400)

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#103 2005-06-01 8:03 pm

Sassy
Member
From: planet Earth
Registered: 2004-05-04
Posts: 1035
Website

Re: Who's really free?

To Jerwin

Thanks for citation and your explanation. I didn't read through all of it, but came away with much the same conclusion, though I couldn't have written it as well as you have.

One thing I did find interesting is the lack of the term 'person.' AFAI can see, the opinion did not change the meaning of the term. In its place was the term 'people' when referring to citizens of a state or of the government.

Person was used to describe the plaintiff (Dred Scott and family) but because they were slaves, descended from the continent of Africa, they were property, not citizens. On the other hand, the tribes of 'Indians' were to be treated as 'foreign' people having the respect conferred on them as with foreign nations because they had a structure of government with whom treaties were negotiated.

I like your conclusion that the decision in this case was an activist one.


You have a right to your own opinion. You do not have a right to your own facts -

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#104 2005-06-01 11:42 pm

jerwin
Sophist
From: The Garden of Pure Ideology
Registered: 2003-01-01
Posts: 7057

Re: Who's really free?

Thanks, Sassy.

For your amusement, I present SUGARMAN v. DOUGALL, 413 U.S. 634 (1973)

J. Blackmun wrote:

While we rule that 53 is unconstitutional, we do not hold that, on the basis of an individualized determination, an alien may not be refused, or discharged from, [413 U.S. 634, 647]   public employment, even on the basis of noncitizenship, if the refusal to hire, or the discharge, rests on legitimate state interests that relate to qualifications for a particular position or to the characteristics of the employee. We hold only that a flat ban on the employment of aliens in positions that have little, if any, relation to a State's legitimate interest, cannot withstand scrutiny under the Fourteenth Amendment.

and BERNAL v. FAINTER, 467 U.S. 216 (1984)

J. Marshall wrote:

As a general matter, a state law that discriminates on the basis of alienage can be sustained only if it can withstand strict judicial scrutiny. 5 In order to withstand strict scrutiny, the law must advance a compelling state interest by the least restrictive means available. 6 Applying this principle, [467 U.S. 216, 220]   we have invalidated an array of state statutes that denied aliens the right to pursue various occupations. In Sugarman v. Dougall, 413 U.S. 634 (1973), we struck down a state statute barring aliens from employment in permanent positions in the competitive class of the state civil service. In In re Griffiths, 413 U.S. 717 (1973), we nullified a state law excluding aliens from eligibility for membership in the State Bar. And in Examining Board v. Flores de Otero, 426 U.S. 572 (1976), we voided a state law that excluded aliens from the practice of civil engineering.

We have, however, developed a narrow exception to the rule that discrimination based on alienage triggers strict scrutiny. This exception has been labeled the "political function" exception and applies to laws that exclude aliens from positions intimately related to the process of democratic self-government. The contours of the "political function" exception are outlined by our prior decisions. In Foley v. Connelie, 435 U.S. 291 (1978), we held that a State may require police to be citizens because, in performing a fundamental obligation of government, police "are clothed with authority to exercise an almost infinite variety of discretionary powers" often involving the most sensitive areas of daily life. Id., at 297. In Ambach v. Norwick, 441 U.S. 68 (1979), we held that a State may bar aliens who have not declared their intent to become citizens from teaching in the public schools because teachers, like police, possess a high degree of responsibility and discretion in the fulfillment of a basic governmental obligation. They have direct, day-to-day contact with students, exercise unsupervised discretion over them, act as role models, and influence their students about the government and the political process. Id., at 78-79. Finally, in Cabell v. Chavez-Salido, 454 U.S. 432 (1982), we held that a State may bar aliens from positions as probation officers because they, like police and teachers, routinely exercise discretionary power, involving a basic governmental function, that places them in a position of direct authority over other individuals. [467 U.S. 216, 221]

If I had a copy of Shepards, I might be able to determine whether these cases are still reliable, Alas, I don't, and have had to consult the dozens of cases citing these precedents. I may have missed one.


Some subjects actually enjoy pain, and withhold information they might otherwise have divulged in order to be punished.
Central Intelligence Agency. (1983). Human Resource Exploitation Training Manual

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#105 2005-06-02 12:01 am

KingFred
is enjoying his status as
Royal Wombat
Registered: 2002-05-09
Posts: 7541

Re: Who's really free?

Cyberpawz wrote:

KingFred wrote:

Nothing to fix, that is, word for word, a direct and accurate quote.

It's wrongly quoted when you don't give the reason behind the statement.

What drugs are you on? It is NOT "wrongly quoted". It is verbatim what you wrote. I copied and pasted your post, I didn't change a word of it. It is NOT wrongly quoted.

However, I've now amended it to include your rebuttal. I hope that satisfies you. Please note, before you start off again, that I copied and pasted your exact post and didn't change any of it. It is also accurately quoted.


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