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dragonwriter 5 hours ago

> The interpretation of existing jurisprudence is that age limits on the free exercise of rights is Constitutional in many circumstances regardless of if such limits are not explicitly in the Constitution.

This is explicitly the case with voting rights, but other than that? While there a contextual limits where age may be a factor as to whether the context applies (e.g., some of the linitations that are permitted in public schools), I can't think of any explicit Constitutional right where the courts have allowed application of a direct age limit to the right itself. Can you explain specifically what you are referring to here?

mothballed 4 hours ago | parent [-]

> I can't think of any explicit Constitutional right where the courts have allowed application of a direct age limit to the right itself.

Right to keep and bear arms -- federally 21 to buy a handgun and 18 to buy a rifle/shotgun from an FFL. Although sometimes you can touch federal law (NFA) and not have such limit -- a 12 year old could buy a machine gun or grenade for instance privately and still be able to buy a federal tax stamp.

Speech - a little looser but the 1A rights of minors in schools are a little bit less than that of staff. It's been awhile since I looked over the cases but IIRC staff had slightly stronger free speech regarding political speech than students (I'll try to dig up the case later if someone asks for it).

irishcoffee 4 hours ago | parent [-]

There is a difference between what is said in the constitution and what has been declared as a federal law.

For example: meth is very illegal under federal law, and not mentioned in the constitution.

You should stop citing the constitution.

mothballed 4 hours ago | parent [-]

The controlled substance act, as applied, is insanely unconstitutional. That's part of the reason why they needed to pass an amendment to ban liquor.

dragonwriter 4 hours ago | parent | next [-]

> The controlled substance act, as applied, is insanely unconstitutional. That's part of the reason why they needed to pass an amendment to ban liquor.

The Wartime Prohibition Act says you are wrong. The 18th Amendment was certainly necessary to both make the policy irrevocable without another amendment, and to give states independent power notwithstanding usual Constitutional limits on state power to enforce prohibition on top of federal power, it is much more dubious that it was necessary for federal prohibition.

mothballed 4 hours ago | parent [-]

I just want to make clear, you completely ignored that I answered your questions and instead argued against someone else's tangent about meth (which although the government is unconstitutionally regulating as applied, isn't an explicit constitutional right which was what we were discussing) because they desperately needed to side rail the fact I was right by going on a red herring hunt (indeed, one where I was taken to task for apparently mentioning the constitution on a question that involves the constitution).

The wartime prohibition act, to the extent it regulated intrastate trade -- was also beyond the powers restrained by the 10th amendment. The fact a wartime era court lol'ed their way into regulating intrastate commerce is just another example of the federal government happily steamrolling rights (something they are especially good at around wartimes), but they needed the amendment to keep it up in non-wartime.

----- Re: irishman due to throttling ------

>Ignore meth. Do it again with wire fraud.

The question was about age limits on things that there is an explicit constitutional right of. You don't have a right to meth nor wire fraud. Your argument here doesn't make sense, nor is there an age where meth or wire fraud are legal which again was the question.

irishcoffee 4 hours ago | parent [-]

Ignore meth. Do it again with wire fraud.

You’re missing the forest for the trees. It’s ok to be wrong.

Daww, edit:

The seed for this thread was:

> It is difficult to square the notional unconstitutionality of this with the fact that the exercise of other Constitutional rights have long been conditional on age. This just looks like another example. > What is the consistent principle of law? I am having difficulty finding one that would support this ruling.

I pointed out that "unconstitutionality" wasn't accurate, because it isn't. You went on about jurisprudence whathaveyou. You moved the goalposts. I suppose I moved with them to try and make my point.

irishcoffee 4 hours ago | parent | prev [-]

Pedantic, gotcha. Replace meth with wire fraud.