New Jersey Town Pushing Curfew for All Residents

The mayor and council of a New Jersey township is calling for a "temporary" (ya, right!) curfew for everyone between 12 and 7 AM! Hey! Aren't those guys the criminals? Why are the residents being imprisioned?

I want to applaud the newsman for reminding the mayor of that "pesky Constitution"!

See  the video, "Protecting the People?" at:

http://www.foxnews.com/video2/video08.html?maven_referralObject=8378430&maven_referralPlaylistId=&sRevUrl=http://www.foxnews.com/story/0,2933,539741,00.html?test=latestnews#

 

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Gardner Goldsmith
Number 6
Gardner Goldsmith's picture
Conspirator for: 6 years 14 weeks
Posted on: August 19, 2009 - 10:28pm #1

I have to take slight issue with you on this one, kimosabe. While I want NO government to impose a curfew on people, particularly because I oppose government (ie the state) on moral and philosophical grounds, the Constitution does not forbid localities or even states from imposing curfews or religious laws, or religious schools. It forbids Congress from abridging the freedom of speech, and religion, etc... Not the states or towns. This was understood for decades through the 1800's, and many states had such laws in place, as much as I don't like that.

 

Now, it is possible that one could look at the Contract Clause of the US Constitution and say that a curfew that prohibited people from engaging in commerce and willing contract after a certain hour ran afoul of the Contract Clause. I would be quite willing to accept that line of reasoning. What do you think?

 

Hasta! -- Gard


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Number 11057395...
Number 555
Conspirator for: 2 years 44 weeks
Posted on: August 20, 2009 - 2:48pm #2

Good catch! I was so excited to share the clip of a newsman actually asking some real questions and mentioning the Constitution that I overlooked that fact. I also wanted to make a joke about corrupt New Jersey officials. It is very important to remind people of what the Constitution actually says as opposed to what people think it says.
Now that I think about it, the curfew violates the Fifth and Fourteenth Amendments. A business owner looses the use of his property during the curfew. The town's government made it clear in the video that the curfew will be selectively enforced in certain areas against whomever the individual officer chooses. The curfew is, in effect, providing an excuse to stop, search and arrest anyone and everyone.
On the other hand, the First Amendment, which applies to Congress, mentions the "RIGHT of the people peaceably to assemble" (emphasis added). Since the Constitution acknowledges that assembly is a right, then it can be argued that the right of assembly cannot be legitimately attenuated, whether or not the Constitution prohibits a state or locality from doing so. God prohibits the attenuation of rights.
Speaking of the First Amendment, I hope to meet fellow Conspirators at the Live Free or Die Rally in Jaffrey this weekend. I'll be with Captain Morrill's Company in 18th Century attire. http://livefreeordierally.com/