Posts Tagged ‘Online Bible’
» posted on Tuesday, November 15th, 2011 at 7:47 am by Jeremy Herrera
So whose rights are being violated? Is the judge right to stop Mayor Bloomberg? Is it a violation of have the protesters removed?
Well I know that I have seen that most people in support the protesters kept stating that the First Amendment covers the rights of the protesters. However, the First Amendment does not prevent local governments from removing protesters or creating local laws to regulate their actions. It only prevents the Congress from doing so.
Amendment I: 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.
What gives the local government the right to regulate and to remove the protesters is the Tenth Amendment.
Tenth Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
As such the Mayor can and does have the power to remove the protesters if they are breaking local rules/laws that have been established with the people of New York’s elected officials.
Now there is one other thing that gives the Mayor the ability to remove the protesters is that there has been numerous criminal activities reported in the area. From crapping in the streets to public nudity, to rape and thief. Yes I know not all the protesters are criminals and have been peaceful.
Now the last reason the Mayor can and does have the right to remove the protesters is because they are violating the rights of the residents and businesses in the area. They have created a problem with people freely walking to and from homes and businesses and to the park itself.
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