Whenever they shall grow weary of the existing government, they can exercise their CONSTITUTIONAL right of amending it, or their REVOLUTIONARY right to dismember or overthrow it.
All profess to be content in the Union if all Constitutional rights can be maintained.
The rulers of the respective members, whether they have a constitutional right
to do it or not, will undertake to judge of the propriety of the measures themselves.
Should it be asked, what is to be the redress for an insurrection pervading all the States, and comprising a superiority of the entire force, though not a constitutional right
? the answer must be, that such a case, as it would be without the compass of human remedies, so it is fortunately not within the compass of human probability; and that it is a sufficient recommendation of the federal Constitution, that it diminishes the risk of a calamity for which no possible constitution can provide a cure.
Burke's plea was that although England had a theoretical constitutional right
to tax the colonies it was impracticable to do so against their will, that the attempt was therefore useless and must lead to disaster, that measures of conciliation instead of force should be employed, and that the attempt to override the liberties of Englishmen in America, those liberties on which the greatness of England was founded, would establish a dangerous precedent for a similar course of action in the mother country itself.
This constitutional analysis requires consideration of four relevant factors: 1) the existence of a "'valid, rational connection' between the prison regulation and the legitimate [and neutral] governmental interest put forward to justify it;" 2) the existence of "alternative means of exercising the right" available to inmates; 3) "the impact accommodation of the asserted constitutional right
will have on guards and other inmates, and on the allocation of prison resources generally;" 4) "the absence of ready alternatives" available to the prison for achieving the governmental objectives.
The weak link in this argument is the assumption that a constitutional right
to be armed can help prevent tyranny only if it is paired with a constitutional right
However, I strongly believe that the legislatures of the states, in exercising their constitutional right
, are the only force, other than outright revolution, able to diminish the usurpation of power by the federal government.
Her parents, Dennis and Lorie Nixon, who have 11 other children and reject medical treatment for their family on religious grounds, argued unsuccessfully in lower courts that Shannon was a "mature minor" and had a constitutional right
to privacy not to seek medical care.
Three of those justices (the plurality) also concluded that the ordinance infringes a constitutional right
to innocent loitering and fails to give residents adequate notice of how to conform their conduct to the confines of the law.
Churches do not have a constitutional right
to endorse political candidates and still keep their federal tax exemption, Americans United has advised a federal appeals court.
Court of Appeals for the Sixth Circuit held that a clearly established constitutional right
was not violated when a police department conducted an investigation into the marital sexual relations of a police officer accused of sexual harassment.