I am not a lawyer, just an IT guy trying to use logic: the rights in the US Constitution and amendments don't exist. They are not worth the paper they are printed on, because reasoning like this can kill each and every one with the death of a thousand cuts: "However free the exercise of religion may be, it must be subordinate to the criminal laws of the country, passed with reference to actions regarded by general consent as properly the subjects of punitive legislation" (source: Wikipedia article Free_Exercise_Clause).
That reasoning tells that a law (the "criminal law") beats the Constitution by putting restrictions on a Constitutional right. First, it means the law should be considered unconstitutional by any decent logic, but SCOTUS decisions tells it is not. Enough cuts, rights are dead - free speech is the one that mostly exists, second amendment is heavily stripped in most states, fourth and fifth are regularly voided, probably a good lawyer can give examples for all.
What I am telling is that if people consider some rights should be limited, the Constitution should be amended, not ignored. Two wrongs don't make a right, if something in the Constitution is wrong (the rights are too absolute) then raping the Constitution does not make it right.
Please explain me where I am wrong in terms that use logic, especially for someone like me that is a complete foreigner (I live in Europe) and not familiar with these apparent wrongdoings. I am not saying anything in support or against this decision, I am saying this decision does not make sense in the context of the US Constitution text.
That reasoning tells that a law (the "criminal law") beats the Constitution by putting restrictions on a Constitutional right. First, it means the law should be considered unconstitutional by any decent logic, but SCOTUS decisions tells it is not. Enough cuts, rights are dead - free speech is the one that mostly exists, second amendment is heavily stripped in most states, fourth and fifth are regularly voided, probably a good lawyer can give examples for all.
What I am telling is that if people consider some rights should be limited, the Constitution should be amended, not ignored. Two wrongs don't make a right, if something in the Constitution is wrong (the rights are too absolute) then raping the Constitution does not make it right.
Please explain me where I am wrong in terms that use logic, especially for someone like me that is a complete foreigner (I live in Europe) and not familiar with these apparent wrongdoings. I am not saying anything in support or against this decision, I am saying this decision does not make sense in the context of the US Constitution text.