Second Presidential Debate

[MysticCat]

Originally Posted by AGDee

Is a right only a right if it's in the Constitution? Hmmm. After all, the Equal Rights Amendment was never passed, but I think most agree that women have rights equal to men.

I think most agree that women should have equal rights to men. I think many would disagree about whether they in fact do in all situations.

Originally Posted by KSig RC

Again, this is definitely an issue where we're all using a different definition of "right."

Legally, something is only a "right" if it is protected or guaranteed by government mandate. However, obviously there is a more 'colloquial' sense that is just as (if not more) important to most. Which one do we want the Presidential candidates to deal with? I'm not 100% sure I know how I feel, to be honest.

Agreed, and just to get a little more lawyerish about it, what lyrelyre said was:

Originally Posted by lyrelyre

It's worth noting that education is not a fundamental right. It is true that access to existing public education is protected. However, the Supreme Court has specifically stated that there is no fundamental right to education.

"Fundamental right" is a legal term of art; a fundamental right is a right that is derived, explicitly or implicitly, from the fundamental law of the land -- i.e., the federal Constitution or a state constitution.

Lyrelyre is quite correct that no fundamental right to education can be derived from the federal Constitution. My point was simply that such a fundamental right can be derived from some state constitutions.