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sportscurmudgeon · 05-25-2004, 10:46 PM

Daseal:

I checked the Preamble to the US Consitution and it says nothing at all about "Life, Liberty and the Pursuit of happiness". I'll be happy to type in the Preamble for you here if you would like...

However, that phrase does appear in the Declaration of Independence. Unfortunately, the Declaration of Independence has no force of law; it predates the Constitution by about 15 years.

If everyone had a Constitutional right to work in their chosen field, then there would be no legal basis for licensing surgeons or airline pilots or school bus drivers. Hell, in Virginia you have to have a license to open a salon that does nails. And in this respect, one is not presumed to be competent until proven otherwise. You don't get to perform abdominal surgery on patients until a certain fraction of them die horrible deaths and then you get "cut from the roster". In far more erudite language, I'm told that this is part of the NFL's argument and that it is one of the parts that resonated with the appeals court panel.

05-25-2004, 10:46 PM	#21
sportscurmudgeon Playmaker Join Date: Feb 2004 Posts: 3,159	Daseal: I checked the Preamble to the US Consitution and it says nothing at all about "Life, Liberty and the Pursuit of happiness". I'll be happy to type in the Preamble for you here if you would like... However, that phrase does appear in the Declaration of Independence. Unfortunately, the Declaration of Independence has no force of law; it predates the Constitution by about 15 years. If everyone had a Constitutional right to work in their chosen field, then there would be no legal basis for licensing surgeons or airline pilots or school bus drivers. Hell, in Virginia you have to have a license to open a salon that does nails. And in this respect, one is not presumed to be competent until proven otherwise. You don't get to perform abdominal surgery on patients until a certain fraction of them die horrible deaths and then you get "cut from the roster". In far more erudite language, I'm told that this is part of the NFL's argument and that it is one of the parts that resonated with the appeals court panel.