Constitutional Rights
Constitutional rights are the protections and liberties guaranteed to the people by the U.S. Constitution. Many of these rights are outlined in the Bill of Rights, such as the right to free speech and the right to a speedy and public trial. Even though these rights are expressly stated, their proper interpretation and scope has been the subject of many Supreme Court decisions. Additionally, not all rights protected by the U.S. Constitution are explicitly stated. Some are implied or unenumerated, like the right to privacy.
From Video Carl Miller: Know Your Constitution Pt 1 of 3
Carl Miller: We have established that you have a constitutional right, and we have established that you are the beneficiary of the contract [the Constitution of the United States] and that the Constitution is a contract enforceable in the court of law. We have established that you have a right to claim specific performance on the contract. We have established that it is supposed to be established in your favor.
The next step: Can a state arbitrarily convert your right into a privilege and issue you a license and a fee for it?
Murdock v. Penn is a unique case. It is recorded at 319 (volume) of U.S (Supreme Court reports) page 105 . Read it. Basically it’s a religious test case wherein Jehovah’s Witnesses in the year of 1943 wanted their right to be able to go and preach among the public because that is that is their right to evangelize. In Pennsylvania they wanted them to have a license to solicit. The Jehovah’s Witnesses claimed their first amendment right and right to exercise their religion unencumbered, one of the mainstays of the founder of this country, religious freedom. The points on the case that are established:
- The states may not impose a charge for the enjoyment of the right granted by the federal constitution. p. 113
- A flat license tax here involves restrains in advance of constitutional liberties of press and religion and inevitably tends to suppress their existence. p. 114
- That the ordinance is “nondiscriminatory”, in that applies also to peddlers of wares and merchandise is immaterial. The Liberties guaranteed by the First Amendment are and in a preferred position. p. 113
- Since the privilege in question is guaranteed by the Federal Constitution and exists independent of the state’s authority, the inquiry as to whether the State has given something for which it cannot ask a return is irrelevant. p. 115 [no state may convert a secured liberty into a privilege and issue a license and fee for it.]
A lot of people say I’m not a Jehovah’s Witness so that case doesn’t apply to me. Reach! We’re not talking about Jehovah’s Witnesses. What we’re talking about is, are you an American and do you have rights? These Jehovah’s Witnesses exercised their rights timely and state came in and converted their right into a privilege and charged a fee for it, which is unconstitutional.
We took that case and argued it for ALL of your constitutional rights.
All you need to do is:
- Remember you are an American and you have constitutional rights.
- Keep in mind “what right?”, can you pull the right out of the constitution? For example, the right to travel freely and unencumbered, the right to keep and bear arms. Does the state have a right to issue a license and fee for the right? If they do, can you ignore it?
