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Re: [OT] The record industry, RIAA and US law



Michael M. wrote:
On Wed, 2007-05-16 at 22:04 -0400, Roberto C. Sánchez wrote:


I'm sorry, but that is ridiculous.  Everyone has a right (at least in
the US) to the "pursuit of happiness."



Not really.  The phrase comes from the Declaration of Independence, not
the Constitution.  There's no explicit right to "the pursuit of
happiness" in the Bill of Rights.

Yes, really. The purpose of the Constitution was to create a new
political entity, while ensuring that certain Inaleinable Rights
remained inviolate. So, the Constitution must be interpreted in the
light of the Declaration. Nothing in the Constitution can be
interpreted in such a way as to negate the Inaleinable Rights of man.

Interestingly, though, the phrase was used by Justice Earl Warren in
Loving v. Virginia, which overturned anti-miscegenation laws.  Warren
wrote "The freedom to marry has long been recognized as one of the vital
personal rights essential to the orderly pursuit of happiness by free
men."

Certainly, and correctly, so.

[snip]

Mike
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