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Old 04-20-2020, 10:59 PM
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Originally Posted by PeterEnergy View Post
Not sure what you are saying. Our society has become overly litigious. Many have supposed with 'enemy combatant's we owe them due process of law. Not so.
5A: 'No person shall except in cases of War or public danger be deprived of life, liberty, or property, without due process of law.
It means due process has 2 exceptions: war and public danger.

I agree that we overly use 'war' as a metaphor. However, if public danger - as an exception to the 5A due process clause - does not apply during a global pandemic, it applies to nothing. IMO, it applies.
I was stupid... twice. I misread what you wrote. Then, in trying to answer you, I misread the Fifth! [email protected]
You are right, of course.

Still, it's brewing to be an interesting potential "battle of titans": between the President vs some of the governors who've clearly overreached their powers, all in the guise of "protecting its citizens".
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Old 04-20-2020, 11:12 PM
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Old 04-21-2020, 08:15 AM
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Originally Posted by ChrisInGa View Post
I'm no constitutional scholar but it seems to imply that the exception is to those serving in the Army, Navy, or Militia during war or public danger.
This is a common mistake of interpretation, confusing the SUBJECT with the OBJECT of the sentence. (Another thing to keep in mind is 18th century Englishmen don’t write the way 21st century Americans do. The Founding Fathers were born Englishmen).

With that said, keep in mind the SUBJECT of The Bill of Rights is Rights - of the individual. The 5A right we are talking about is Life, Liberty and Property.

The 5A explains how the government (OBJECT of sentence) may deprive one of these rights. The mechanism of depriving one of Rights is through ‘due process.’

The 5A also clearly articulated exceptions to the ‘due process’ protection, War and Public Danger. The Army, Navy, or Militia are OBJECTS of the sentence, to which the rights and protections do not apply. The Rights of Life, Liberty and Property apply to the individual as is the Constitutional protection of being secure, not being deprived but by “due process.” It is he, the individual, who may be deprived of Rights and he, whose protection has exceptions. Consider:
He may eat the apple with a fork after washing it unless it is rotten or he is starving to death

The fork and apple are OBJECTS of the sentence. “He” is the SUBJECT. The requirements (protections) apply to him, for his benefit, not to the fork or apple.

Hope this clears it up.
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Old 04-21-2020, 08:29 AM
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Can you guys take your non-funny commentary out of this thread please?
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Old 04-21-2020, 09:09 AM
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Old 04-21-2020, 09:12 AM
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Old 04-21-2020, 09:23 AM
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Old 04-21-2020, 10:20 AM
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Old 04-21-2020, 10:22 AM
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Old 04-21-2020, 11:00 AM
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Old 04-21-2020, 11:04 AM
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AND ... Americans in droves will overwhelm their local WalMarts and deplete the available inventory of toilet paper !

God bless us !
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Old 04-21-2020, 11:17 AM
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Can you guys take your non-funny commentary out of this thread please?
^^^^^^^ this.
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Old 04-21-2020, 11:24 AM
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Old 04-21-2020, 12:09 PM
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Old 04-21-2020, 12:21 PM
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Reminiscent of the French Milice, a Vichy French paramilitary force for service as auxiliary to the German occupation army.
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Old 04-21-2020, 02:35 PM
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Old 04-21-2020, 02:39 PM
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Old 04-21-2020, 02:59 PM
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Old 04-21-2020, 03:13 PM
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