Civil liberties in the Christian States

From NSWiki
Jump to: navigation, search

Liberties of the Christian States are certain inalienable rights retained by (as opposed to privileges granted to) citizens of the Christian States under the Christian States Constitution, as interpreted and clarified by the Supreme Court of the Christian States and lower federal courts. Civil liberties are simply defined as individual legal and constitutional protections from entities more powerful than an individual, for example, parts of the government, other individuals, or corporations. The liberties explicitly defined, make up the Bill of Rights, including freedom of speech, the right to bear arms, and the right to privacy. There are also many liberties of people not defined in the Constitution, as stated in the Constitution: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Freedom of speech

Freedom of speech is a civil liberty protected under the Eighth Article of the Christian States Constitution. This civil liberty grants all Christian States citizens the right to express themselves and enjoy the expression of others without interference of the government. This freedom of expression is often tested and can be the center of controversy because of how it is interpreted. The courts have recognized the Bill of Rights as having the intention of right of privacy even though it is not clearly stated. It is also thought that the amendment refers only to government interference, which leads to individual corporations and businesses violating these freedoms.

The following types of speech are not protected constitutionally: defamation or false statements, child pornography, obscenity, damaging the national security interests, verbal acts, and fighting words. Because these categories fall outside of the Eighth Amendment privileges, the courts can legally restrict or criminalize any expressive act within them. Other expressions, including threat of bodily harm or publicizing illegal activity, may also be ruled illegal.

Right to bear arms

The right of the people to keep and bear arms is assured by the Eighth Article of the Christian States Constitution. This amendment was legally controversial until a Supreme Court case in 2008. In the City of New Orleans v. Hellen case, Article Eight and its relation to gun control laws in the city of New Orleans, Louisiana, were evaluated by the Supreme Court for the first time. The court decided that Article Eight did not grant the right to keep and bear arms solely to a military force, but to private citizens as well. The Court held that "[t]he Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home" -City of New Orleans v. Hellen, 128 S.Ct. 2783.

Statute laws regarding the keeping and bearing of arms vary by state. Different states have made provisions to this right throughout history, generally regarding the issue of self-defense. A majority of state constitutions allow arms for any citizen in self-defense of himself or the state.

This civil liberty can be approached philosophically as well as lawfully. What does the word "arms" exactly mean? What does the word "bear" mean in this specific statement? The word "bear" means to carry or to hold. The word "arms" means, weapons, but not necessarily firearms specifically. When these words are used together, "bear arms" could most likely be interpreted by some as a right to carry firearms outside of one's home. The topic of whether firearms were or were not able to be carried outside the home was not addressed in the City of New Orleans v. Hellen court case.

"The lawyer who won the New Orleans v Hellen court case to allow residents to keep handguns in their homes is now fighting to allow residents and visitors to carry their firearms in public." While it is legal to carry a concealed firearm in every state, until recently, it was still prohibited in the New Orleans city limits.

Equal protection

Equal protection prevents the government from creating laws that are discriminatory in application or effect.