What's Your Favorite Part Of The Constitution?

We want to hear about your favorite passage of the constitution, and may invite you to follow up on-air or online. Need a refresher? Here it is.

January 18, 2011 03:05:33 PM
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Margaret DeVico

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full faith & credit clause

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Without this, could you imagine what would happen to New Yorkers visiting Philadelphia... during baseball season?

January 18, 2011 02:35:53 PM
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Antoine Bruguier

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14th amendment

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While the 14th is not my favorite, it is probably the most important, because it nationalized the rest, right?

January 18, 2011 01:09:06 PM
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Bill

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14th Amendment

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Due process and equal protection, nothing more need be said.

January 18, 2011 12:00:36 PM
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Roger Koch

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14th Amendment

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Your guest's comments that the commerce clause is the basis for applying the ban on abortion restrictions is mistaken.

The right of privacy is the basis and it is derived from the bill of rights and applied to the states under the 14th amendment in order to prevent states from interfering with fundamental rights like liberty and autonomy. They should re-read the Griswald and Roe v. Wade Supreme Court decisions.

January 18, 2011 11:59:12 AM
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Chris

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Second Amendment

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It provides protection from domestic tyrants, foreign invaders, and criminal assailants. It allows the means to exercise the right of self defense. It protects the rights named in the rest of the bill of rights.

January 18, 2011 11:46:27 AM
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barbara scher

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article one section 8

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The first paragraph states thatcan "collect duties, imposts, and excises" to provide foe "the general welfare". This says to me that the federal government can impose a general mandate for health care insurance because the general welfare of ourselves and others is involved.If health is ignored it costs us all in the long runas with diabetic care in hospitals or in spread of infectious diseases.

January 18, 2011 11:42:06 AM
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Economist

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The Insular cases, unwritten but part of the US Const

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The Constitution is what the Constitution does. WHo has rights? What rights do people have? How is power distributed among the branches of government?

In the Spanish American War ... 1898 the US gained the Phillipines, Guam and Puerto Rico.

Merchants imported goods from those islands after the War and claimed to be exempt from import duties because those islands were not foreign...

The Insular Cases decided the issue of whether the Constitution follows the flag?

This is the key issue for Guantanimo cases.

January 18, 2011 11:02:50 AM
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giovanni

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preamble

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because the words we the people not I or them firmly establish the collective view of of founders. it is further emphasized by the words a more perfect union
it clearly defines the principle of collective freedom and responsablity.
the consition in defing direction in the bill of rights clearly limits personal freedom for the good of society and provides the tools to do it withot destroying freedom

January 18, 2011 10:57:30 AM
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Terry Corcoran

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14th amendment, section 1

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Section 1 of the 14th amendment represents a great advance in human history. Coded into the governing document of this nation is the right to equal protection of laws, due process under the law, and a seldom used portion regarding the privileges or immunities of all citizens from various states deciding to make second class citizens out of some.

The amendment was written in the period after the Civil War, and sadly it took longer for the promise of the 14th amendment to reach women, African Americans, the disabled, etc. but its been a cornerstone is seeing this country become a more perfect union, and that work continues to this day to make America's 14th amendment reach all of her citizens.

January 18, 2011 10:41:19 AM
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John P MacKenzie

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The enforcement provisions of the 13th, 14th and 15th amendments

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They say that Congress may enforce the post-Civil War amendments "by appropriate legislation." The Warren Court interpreted this broadly, broadening equal protection and voting rights. The activist Bush courts have betrayed that principle by deciding for themselves what's "appropriate," narrowing democratic power. The enforcement provisions need to be better understood, by the public and by the Supreme Court.
(Hardly need to say how important the First Amendment is, but that said.... )

January 18, 2011 10:41:14 AM
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Tony Bruguier

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The 9th amendment

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It shows what a weasel King George must have been. But more than that, it also shows how ahead they were thinking.

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

January 18, 2011 10:13:03 AM
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Dan

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Article I of the Bill of Rights

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Becasue it allows me to practice my "faith" as an agnostic; and because on close reading, this amendment is actually provides three rights in one: the right to freely pracitce religion, the right to free speech and the right to assemble and petition the Government.

January 18, 2011 09:57:37 AM
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Mark Victor

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Amendment 9

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"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

Privacy, due process upon arrest, and abortion are important rights that have, in part, been made possible in the last six or so decades because of this amendment.

Although not often cited in Supreme Court, Court of Appeals, or District Court decisions, I believe that this amendment has been an influence on recent, significant decisions by the courts. The right to an abortion, Miranda rights (and the recent modification), and the right to privacy in many aspects of our lives are rights that have "appeared" in recent times and are not specifically enumerated in the Constitution.

January 18, 2011 08:28:35 AM
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Mry Wallis Gutmann

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favorite comment about...

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Benjamin Franklin's quote (upon finally voting for the Constitution after some debate, since there were parts he did not approve): "Thus I consent, Sir, to this COnstitution because I expect no better, and because I am not sure, that it is not the best."
(from a New Yorker article Jan. 17)
The same could be said for the Health Care bill approved last session.

January 18, 2011 03:38:53 AM
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Ana Arias-Malone

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Amendment 19

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That was the first step to recognize that human rights are not just slavery issues. Human rights include all humans.

January 15, 2011 10:02:30 AM
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Econo

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due process Incorporation - via Supr Court applying the first 8 Amendments via the 14thue processtra

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The Bill of Rights Amendments 1 to 8 applied only against the Federal gouvernement, accordng to the pre-War Supreme Court decision Barron v. Baltimore.

The Civil War and the 14th Amendment applied the Bill of RIghts amends 1 thru 8 against the states via Section 1 of 14th Amend...

"No state shall ... abridge the privileges or immunities; nor shall any shall any state deprive any person of life, liberty or property without due process of law..."

Before this section, states argued that the 5th Amendment takings clause... the issue in the Barron v. Baltimore case... did not apply against the state.

The 5th Amendment takings clause sez "no shall private property be taken for public use without just compensation" could be invoked by the homeowner in Kelo... Kelo lost, but that's because there is great deference over the issue of what constitutes a "public use"... but Kelo was entitled to money after she lost on the issue of public use.

Kelo argued that giving the land to a drug company was not public. The Court said autrement, thus Kelo lost her land but the 5th amendment now applied against the state of Connecticut and Kelo received money as just compensation.

January 14, 2011 09:09:17 PM
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Mike Strollo

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First Amendment

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Because the first amendment includes five freedoms for each and every American. When I was teaching middle school social studies I really emphasized to my students how important these five freedoms are to our Democracy, to We The People. Also how each freedom comes with caveats about the exercise of these freedom, with rights come responsibilities.

January 14, 2011 06:24:20 PM
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Economist

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Article One, Section 8, clause 11

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Congress shall have [the] Power ... to grant Letters of Marque and Reprisal.

The power to declare War is against other nations. But against AlQaeda which is a non-state actor, Congress would authorise an act of Reprisal or Letter or Marque.

January 11, 2011 04:23:55 PM
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irwin schneiderman

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21st Amendment

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The 18th Amendment--the prohibition amendment--is an example of government intrusion into the private lives of citizens. Fundementalists who try to impose their values on others continueto be a menace.As Justice Brandeis said--we have a right to privacy--the right "to be let alone". hte right to be le

January 11, 2011 03:23:53 PM
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Catherine Dupuis

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All of the discussions in the Constitution about the Native Peoples deserve more recognition and discussion. It is precisely due to the general public's lack of understanding that dozens of treaties remain unacknowledged by the U.S. Government. It's also why upstate New York remains confused about its total lack of jurisdiction over any of the business, industry and governance of the Six Nations People and their remaining territories, defined by the U.S. Government as "reservations."

Article I, Section 8, Part 3: Indian Nations are considered equal to "foreign nations."

Article XIV, Sec. 2 maintains that the Indian people shall receive NO representation in Congress.

Also of note is the text of Article I, Section 2, Part 3 concerning Indians and that they are not considered citizens to be taxed or citizens by rights, therefore one must determine them to be citizens of other sovereign nations who happen to be working, living and possessing land within the boundaries of the United States.

I would greatly welcome discussion of these issues.