Thursday, May 30, 2024

Standing

 

Stand by Me

If the sky that we look upon
Should tumble and fall
Or the mountain should crumble to the sea
I won't cry, I won't cry
No, I won't shed a tear
Just as long as you stand
Stand by me

Standing sounds kind of important.

Legal standing is at the heart of many of, IMHO, the mistakes and controversies of the Supreme Court.

Life begins at conception. As a Catholic I believe this. However legal status begins at birth. It says so in the constitution, my driver’s license, passport, etc. If legal status does not begin until birth, then prohibiting abortion is the state taking the womb of a woman to protect a fetus which has no legal standing. Requiring a woman to carry a fetus to birth is IMHO a constitutionally prohibited taking by the state without compensation.

Corporations are people and as such they have freedom of speech. How many corporations are there according to the official US census of its citizens and wards?  This is a rhetorical question. The correct answer is zero, because the constitution does not consider corporations to be people. Corporations are special limited liability creations of a state where the assets of the shareholders, officers, and employees of the corporation are NOT subject to liability because those assets of the corporations are separate and distinct from the assets of those people. Freedom of speech is an indivisible right. It can not given it to another, e.g. a corporation, if it is also retained. If that property can not be given to a corporation if it is retained by the people of that corporation, and corporations are not people, then how do corporations have freedom of speech?

It has been long enough. If the offense has been by a system, not by members of that system, then even though are no current members of the system who committed that offense, the offense did not go away. Voting rights abuses were by a state, not the current members of that state. Pre-clearance of voting laws,  should NOT have an implicit time limit.

Husbands (wives) are not responsible for the action of their wife (husband).  Governments make a special distinction for households/marriage. A person may not testify against their spouse. A spouse has special medical and other privileges. The property and income of the marriage household are joint. If an offense is committed by a spouse, and that offense should cause you to recuse yourself, and I am looking at you Justices Alito, and Thomas re: January 6th, Justice Barrett for Fox’s defamation, and Chief Justice Roberts for any recommendation for lawyers appearing before the court, then that offense SHOULD be properly inferred to be your action not just that of your spouse.  That is what marriage is all about.

An individual has a right to carry a gun. The first amendment is about the  rights of individuals. The second amendment is about the right of a state as opposed to the rest of the United States. You do not have an individual right to bear arms. Your state has a right to arm its militia. As such your state should decide which of its citizens are in its militia (currently called the National Guard) and how the remainder of its citizens should be armed.

Is being offended or hypothetical harm standing? Court cases are about standing. You have no right not to be offended, so that has no standing. You have to have real harm, not hypothetical harm such as  a wedding web designer in Colorado who has designed no websites, a shareholder who does control the assets of an Indian corporation, or a fisherman in New Jersey who might incur harm if he can catch no fish.

Standing does not just determine where you sit, it determines whether you should even be in the room to sit.

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