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	Comments on: Constitutional law roundup	</title>
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	<description>Chronicling the high cost of our legal system</description>
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		<title>
		By: Hugo S. Cunningham		</title>
		<link>https://www.overlawyered.com/2018/12/constitutional-law-roundup-12/comment-page-1/#comment-351549</link>

		<dc:creator><![CDATA[Hugo S. Cunningham]]></dc:creator>
		<pubDate>Wed, 05 Dec 2018 14:08:36 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=72310#comment-351549</guid>

					<description><![CDATA[More precisely, non-violent felons should not automatically *and* permanently lose their Second Amendment rights.  I see nothing wrong with a temporary loss of Second Amendment rights as a normal part of punishment that includes temporary loss of other rights.


Similarly, long-term bans for mental-health reasons should eventually be subject to reexamination, especially if the encounter with mental-health authorities was voluntarily initiated by the patient, rather than precipitated by anti-social behavior.


To protect Constitutional Rights (notably the Fourth Amendment against unreasonable searches and seizures by criminals), States should have some broader authority to enroll individuals into their &quot;unorganized militia&quot; in spite of rigid and illogical Federal restrictions.]]></description>
			<content:encoded><![CDATA[<p>More precisely, non-violent felons should not automatically *and* permanently lose their Second Amendment rights.  I see nothing wrong with a temporary loss of Second Amendment rights as a normal part of punishment that includes temporary loss of other rights.</p>
<p>Similarly, long-term bans for mental-health reasons should eventually be subject to reexamination, especially if the encounter with mental-health authorities was voluntarily initiated by the patient, rather than precipitated by anti-social behavior.</p>
<p>To protect Constitutional Rights (notably the Fourth Amendment against unreasonable searches and seizures by criminals), States should have some broader authority to enroll individuals into their &#8220;unorganized militia&#8221; in spite of rigid and illogical Federal restrictions.</p>
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		<title>
		By: cecil		</title>
		<link>https://www.overlawyered.com/2018/12/constitutional-law-roundup-12/comment-page-1/#comment-351526</link>

		<dc:creator><![CDATA[cecil]]></dc:creator>
		<pubDate>Tue, 04 Dec 2018 18:09:01 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2018/12/constitutional-law-roundup-12/comment-page-1/#comment-351520&quot;&gt;Hugo S. Cunningham&lt;/a&gt;.

thought the 14th had a limitation to males in there somewhere...

understand, that is an attempt at bad humor, not a serious comment.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2018/12/constitutional-law-roundup-12/comment-page-1/#comment-351520">Hugo S. Cunningham</a>.</p>
<p>thought the 14th had a limitation to males in there somewhere&#8230;</p>
<p>understand, that is an attempt at bad humor, not a serious comment.</p>
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		<title>
		By: gasman		</title>
		<link>https://www.overlawyered.com/2018/12/constitutional-law-roundup-12/comment-page-1/#comment-351524</link>

		<dc:creator><![CDATA[gasman]]></dc:creator>
		<pubDate>Tue, 04 Dec 2018 17:26:45 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=72310#comment-351524</guid>

					<description><![CDATA[Re: Zombie amendment.
The 18th amendment, with the 7 year clause written into the body of the amendment shows how to make a debate free time expiration.  
So congress knew what to do if it wanted to have a time limit to the adoption of the equal rights amendment.  This clause was used in amendments 20, 21, and 22, but not 19, 23, 24,25, or 26.  

So clearly a deliberative process existed whereby some amendments were deemed to die after 7 years, and others could go on to be eternal zombies.  Indeed there are &lt;a href=&quot;https://en.wikisource.org/wiki/Portal:Unsuccessful_attempts_to_amend_the_United_States_Constitution&quot; rel=&quot;nofollow&quot;&gt;several amendments still kicking around,&lt;/a&gt; that could still be ratified after the manner of number 27.]]></description>
			<content:encoded><![CDATA[<p>Re: Zombie amendment.<br />
The 18th amendment, with the 7 year clause written into the body of the amendment shows how to make a debate free time expiration.<br />
So congress knew what to do if it wanted to have a time limit to the adoption of the equal rights amendment.  This clause was used in amendments 20, 21, and 22, but not 19, 23, 24,25, or 26.  </p>
<p>So clearly a deliberative process existed whereby some amendments were deemed to die after 7 years, and others could go on to be eternal zombies.  Indeed there are <a href="https://en.wikisource.org/wiki/Portal:Unsuccessful_attempts_to_amend_the_United_States_Constitution" rel="nofollow">several amendments still kicking around,</a> that could still be ratified after the manner of number 27.</p>
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		<title>
		By: Hugo S. Cunningham		</title>
		<link>https://www.overlawyered.com/2018/12/constitutional-law-roundup-12/comment-page-1/#comment-351520</link>

		<dc:creator><![CDATA[Hugo S. Cunningham]]></dc:creator>
		<pubDate>Tue, 04 Dec 2018 14:11:49 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2018/12/constitutional-law-roundup-12/comment-page-1/#comment-351505&quot;&gt;Robert&lt;/a&gt;.

@ Robert-- 

You play into the hands of &quot;intactivists&quot; by blurring the distinction between male circumcision and female genital mutilation (FGM).  As usually practiced, FGM is more like having your male organ cut off (and relying on artificial methods if necessary to impregnate your wife).

  I would not object to a mild form of FGM, a symbolic nick no more debilitating than male circumcision.  But the current drastic form is more like the religious rite of human sacrifice, a violation of civil rights subject to Federal authority by the &quot;equal protection&quot; of the Fourteenth Amendment (but *not* by the interstate commerce clause).]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2018/12/constitutional-law-roundup-12/comment-page-1/#comment-351505">Robert</a>.</p>
<p>@ Robert&#8211; </p>
<p>You play into the hands of &#8220;intactivists&#8221; by blurring the distinction between male circumcision and female genital mutilation (FGM).  As usually practiced, FGM is more like having your male organ cut off (and relying on artificial methods if necessary to impregnate your wife).</p>
<p>  I would not object to a mild form of FGM, a symbolic nick no more debilitating than male circumcision.  But the current drastic form is more like the religious rite of human sacrifice, a violation of civil rights subject to Federal authority by the &#8220;equal protection&#8221; of the Fourteenth Amendment (but *not* by the interstate commerce clause).</p>
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		<title>
		By: Robert		</title>
		<link>https://www.overlawyered.com/2018/12/constitutional-law-roundup-12/comment-page-1/#comment-351505</link>

		<dc:creator><![CDATA[Robert]]></dc:creator>
		<pubDate>Mon, 03 Dec 2018 19:54:21 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=72310#comment-351505</guid>

					<description><![CDATA[Re: Female Genital Mutilation: 

Babies die and are others are injured in Baptisms. Should we ban them next?

https://www.dailymail.co.uk/news/article-1298129/Baby-dies-minutes-immersed-times-baptism.html

and

https://joelbieber.com/wp-blog/2010/08/injury-during-baptism/


I personally think that Female Genital procedures for religious reasons are odd, but as a Jewish person who is glad he&#039;s circumcised, I will remain silent on this issue. I don&#039;t want to see the &quot;intactivists&quot; get empowered.]]></description>
			<content:encoded><![CDATA[<p>Re: Female Genital Mutilation: </p>
<p>Babies die and are others are injured in Baptisms. Should we ban them next?</p>
<p><a href="https://www.dailymail.co.uk/news/article-1298129/Baby-dies-minutes-immersed-times-baptism.html" rel="nofollow ugc">https://www.dailymail.co.uk/news/article-1298129/Baby-dies-minutes-immersed-times-baptism.html</a></p>
<p>and</p>
<p><a href="https://joelbieber.com/wp-blog/2010/08/injury-during-baptism/" rel="nofollow ugc">https://joelbieber.com/wp-blog/2010/08/injury-during-baptism/</a></p>
<p>I personally think that Female Genital procedures for religious reasons are odd, but as a Jewish person who is glad he&#8217;s circumcised, I will remain silent on this issue. I don&#8217;t want to see the &#8220;intactivists&#8221; get empowered.</p>
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