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Tuesday
Jun162009

Paying for a Constitutional Right

I wonder how many people would willingly pay a licensing fee to be allowed to exercise their freedom of speech?

How many would be willing to pay for a permit allowing them to practice religion?

Both of these suggestions sound ridiculous as they should because you should NEVER have to pay for a right.

In fact courts have flat out said you should never have to pay for a right:

"A state cannot impose a license, tax or fee on a constitutionally protected right. Murdock vs. Pennsylvania 319 US 105 (1942)." - Federal Court decision

Supreme Court decision: The U.S. Supreme Court broadly and unequivocally held that requiring licensing or registration of any constitutional right is itself unconstitutional. --Follett vs. Town of McCormick, S.C., 321 U.S. 573 [1944]

It is unconstitutional to charge a tax or fee or to require licensing or registration of any constitutional right. 

Interesting.

So I have to ask, why then do we accept fees, licenses and registration when it comes to our 2nd amendment rights?

NH Constitution:
[Art.] 2-a. [The Bearing of Arms.] All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.

US Constitution:
Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Websters Law dictionary:
Main Entry: bear
Pronunciation: 'bar
Function: verb
Inflected Forms: bore /'bOr/; borne /'bOrn/ also born
transitive verb 1 : to physically carry (as an object or message) bear arms —U.S. Constitution amendment II>
2 : YIELD bear a dividend>
3 a : to admit of : ALLOW bear> b : ASSUME, ACCEPT bear legal responsibility for him> intransitive verb : to relate or have relevance bearing on her defense>

On top of this out right unconstitutional act of charging for a constitutional right NH under Gov. Lynch and company are stepping even more on our protected right by seeking a 500% increase on this already unconstitutional fee.

The fact there is a $20 is wrong... seeking to increasing the fee even more to $100 is down right tyrannical.  It's time NH actually started following the Constitution and Constitutional law and abolished fees on our Constitutional rights.

 

Reader Comments (2)

Good point Rick. I've never seen anyting that challanges this though. I wonder why?
June 16, 2009 | Unregistered CommenterSteve Mac Donald
The public schools neither teach speech nor gun safety.
Pehaps, because the truly accomplished students might scare the pants off the teachers. The below average students would scare the toenails off of the parents.

If you leave it to the public (mecurial mob) to defend an individual's rights, then you're individuals are just gonna be a bunch of slackers.
June 17, 2009 | Unregistered CommenterCynical

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