Wednesday, December 12, 2012
Federal Judge Interferes With NC License Plates: "Choose Life"
I don't see anything in the Constitution that gives the federal government the right to tell North Carolina who to produce and issue their license plates. However, a federal judge thinks he has the power to do that very thing.
A federal judge has ruled a North Carolina plan to offer license plates supporting the pro-life movement unconstitutional, saying the state cannot issue the plates without offering a similar product for the opposing viewpoint.
U.S. District Court Judge James Fox said the plates violate the First Amendment.
Violates the 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.
The First Amendment applies to Congress. It doesn't apply to the North Carolina DMV or the state of North Carolina. If anything, having "Choose Life" written across the plate seems more like the freedom of speech in my honest opinion.
I would argue the 10th Amendment gives North Carolina the power to issue license plates and to decide on the graphics and text on the plate. Really, the North Carolina state Constitution is what should be considered in this matter, not the federal Constitution.
Those damn incorporationists!
A federal judge has ruled a North Carolina plan to offer license plates supporting the pro-life movement unconstitutional, saying the state cannot issue the plates without offering a similar product for the opposing viewpoint.
U.S. District Court Judge James Fox said the plates violate the First Amendment.
Violates the 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.
The First Amendment applies to Congress. It doesn't apply to the North Carolina DMV or the state of North Carolina. If anything, having "Choose Life" written across the plate seems more like the freedom of speech in my honest opinion.
I would argue the 10th Amendment gives North Carolina the power to issue license plates and to decide on the graphics and text on the plate. Really, the North Carolina state Constitution is what should be considered in this matter, not the federal Constitution.
Those damn incorporationists!
Posted by
Bungalow Bill
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