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Is there a written and unwritten part in the bill of rights?

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like the charter of rights?

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  1. No.


  2. **** the bill of rights, God gave me my rights not some group of half wit bigots.

  3. Not exactly.

    The Bill of Rights is "as is" so to speak. However, the constitutional law that it supports includes numerous  subsequent laws that implement the general principles of the Amendments For example, while the state cannot restrict speech, there is a body of law that allows private citizens to seek damages if another person deliberately makes statements that cause injury (libel and slander laws).

    The other component  is the body of judicial decisions and opinions tht interrpret the Bill of Rights.  The opinions are often more important than the actual decision--as with the recent case involving the overturn of the DC handgun ban.  Nominally, ths was a "victory" for gun rights advocates. In fact it wasn't. The decision was a foregone conclusion--an outright prohibition on firearms simply is unconstitutional on the face of it.

    What was important here was the body of opinion.  Both the majority (Scalia) and the minority opinion affirmed the indivudual's right to own firearms. The diffeence lies in two diffeing views of the extent to which the state may regulate or restrict that right in the interests of public safety. The key principle was stated by Scalia writing for the majority. I'll summarize: The state may impose reasonable reguation or restrictions as long as these do not have the effect of prohibiting gun ownership by law-abiding citizens.

    That--essentially, was a repudiation o the (conservative) agenda of advocates for virtual elimination of any state oversight or regulation of gun ownership.

    The bottom line is this: there is no "unwritten part" to the Bil of Rights.  However, you do need to know something about the legal cases and laws that follow from it in order to understand how the Bill of Rights is actually put into practice.

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