Posts: 30726
Threads: 2123
Joined: May 24, 2012
Reputation:
71
Why the First Amendment IS an anti trust law.
December 28, 2014 at 10:00 am
RationalPoet........Ok folks here is the complete text of the First Amendment. Now, I just had a typical Ayn Rand atheist argue that the First Amendment was NOT an anti monopoly/anti trust law. I have argued a long time that it IS. Without the tool of challenge to power you allow for a monopoly to arise.
FIRST AMENDMENT "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" ...........
It is because of the last part that is why it is an anti monopoly/anti trust law.. It is not a given that the majority or minority will win, but merely a tool allowing ANYONE to challenge laws they may see as hurting their rights on anyone of those issues. That is what makes it an anti monopoly law.
Posts: 4659
Threads: 123
Joined: June 27, 2014
Reputation:
40
RE: Why the First Amendment IS an anti trust law.
December 31, 2014 at 1:04 pm
(This post was last modified: December 31, 2014 at 1:05 pm by Dystopia.)
It's always fun to see how different American laws can be when compared to European ones, particularly the dichotomy of the Commonwealth system V. the Civil Law system based on Roman law.
A European version of the same constituional principle would say Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances - Except if any of those rights represent an attempt towards other individuals' fundamental rights, such as life, physical integrity or any other no one can abide~
Out of curiosity - Why put in the same amendment freedom of speech, religion press and freedom of assembly all mixed up in the same paragraph? Why not create an article or law for every one of those rights, since they are connected to an extent but are intrinsically different?
Whoever fights monsters should see to it that in the process he does not become a monster. And if you gaze long enough into an abyss, the abyss will gaze back into you
Posts: 4659
Threads: 123
Joined: June 27, 2014
Reputation:
40
RE: Why the First Amendment IS an anti trust law.
December 31, 2014 at 2:00 pm
(December 31, 2014 at 1:45 pm)Parkers Tan Wrote: (December 31, 2014 at 1:04 pm)Blackout Wrote: Out of curiosity - Why put in the same amendment freedom of speech, religion press and freedom of assembly all mixed up in the same paragraph? Why not create an article or law for every one of those rights, since they are connected to an extent but are intrinsically different?
Probably because they were seen as equally vital to democracy, and in many ways achieve their full value only when used in conjunction with each other.
Yes, however you could simply write the first amendment and, put, let's say, 10 articles to spit out all rights, and they wouldn't have to be unequally important - But I understand different legislative traditions and habits give origin to different ways to write down and express legal definition on paper. I was just curious
Whoever fights monsters should see to it that in the process he does not become a monster. And if you gaze long enough into an abyss, the abyss will gaze back into you