Something interesting found along the way (we do live in interesting times):
n its landmark decision of DeShaney v. Winnebago County Department of Social Services (2), the U.S. Supreme Court declared that the Constitution does not impose a duty on the state and local governments to protect the citizens from criminal harm. Focusing on the phrase referring to "due process" in the Fourteenth Amendment, the Court wrote that
nothing in the language of the Due Process Clause itself requires the State to protect the life, liberty, and property of its citizens against invasion by private actors. The Clause is phrased as a limitation on the State's power to act, not as a guarantee of certain minimal levels of safety and security. It forbids the State itself to deprive individuals of life, liberty, or property without "due process of law," but its language cannot fairly be extended to impose an affirmative obligation on the State to ensure that those interests do not come to harm through other means.(3)
(2) DeShaney v. Winnebago County Dep't of Soc. Servs., 489 U.S. 189, 109 S. Ct. 998, 103 L. Ed. 2d 249 (1989).
(3) Id., 489 U.S. at 195 (internal citations parenthetical explanations omitted here for brevity).
Am happy and well in south-west France. Chanced upon a persimmon tree today in full fruit - very beautiful. There is a lot of free fruit to be had from May to September in Caylus.
Regarding the American Constitution, anybody now has a valid case to refuse worshipping the flag, and to refuse military service - maybe even jury service ! If the state won't protect you,why should you protect or even serve it ?
3 comments:
or the lives of those who would continue the mistakes of failed empires
Something interesting found along the way (we do live in interesting times):
n its landmark decision of DeShaney v. Winnebago County Department of Social Services (2), the U.S. Supreme Court declared that the Constitution does not impose a duty on the state and local governments to protect the citizens from criminal harm. Focusing on the phrase referring to "due process" in the Fourteenth Amendment, the Court wrote that
nothing in the language of the Due Process Clause itself requires the State to protect the life, liberty, and property of its citizens against invasion by private actors. The Clause is phrased as a limitation on the State's power to act, not as a guarantee of certain minimal levels of safety and security. It forbids the State itself to deprive individuals of life, liberty, or property without "due process of law," but its language cannot fairly be extended to impose an affirmative obligation on the State to ensure that those interests do not come to harm through other means.(3)
(2) DeShaney v. Winnebago County Dep't of Soc. Servs., 489 U.S. 189, 109 S. Ct. 998, 103 L. Ed. 2d 249 (1989).
(3) Id., 489 U.S. at 195 (internal citations parenthetical explanations omitted here for brevity).
It seems we're all on our own.
Hope you're well, my friend.
Am happy and well in south-west France. Chanced upon a persimmon tree today in full fruit - very beautiful. There is a lot of free fruit to be had from May to September in Caylus.
Regarding the American Constitution, anybody now has a valid case to refuse worshipping the flag, and to refuse military service - maybe even jury service ! If the state won't protect you,why should you protect or even serve it ?
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