Comment by jandrewrogers 15 hours ago
The interpretation of existing jurisprudence is that age limits on the free exercise of rights is Constitutional in many circumstances regardless of if such limits are not explicitly in the Constitution. This is a simple observation of the current state of reality.
Those age limits are arbitrary and the justification can sometimes be nebulous but they clearly exist in the US.
> I can't think of any explicit Constitutional right where the courts have allowed application of a direct age limit to the right itself.
Right to keep and bear arms -- federally 21 to buy a handgun and 18 to buy a rifle/shotgun from an FFL. Although sometimes you can touch federal law (NFA) and not have such limit -- a 12 year old could buy a machine gun or grenade for instance privately and still be able to buy a federal tax stamp.
Speech - a little looser but the 1A rights of minors in schools are a little bit less than that of staff. It's been awhile since I looked over the cases but IIRC staff had slightly stronger free speech regarding political speech than students (I'll try to dig up the case later if someone asks for it).
There is a difference between what is said in the constitution and what has been declared as a federal law.
For example: meth is very illegal under federal law, and not mentioned in the constitution.
You should stop citing the constitution.
The controlled substance act, as applied, is insanely unconstitutional. That's part of the reason why they needed to pass an amendment to ban liquor.
> The interpretation of existing jurisprudence is that age limits on the free exercise of rights is Constitutional in many circumstances regardless of if such limits are not explicitly in the Constitution. This is a simple observation of the current state of reality.
> Those age limits are arbitrary and the justification can sometimes be nebulous but they clearly exist in the US.
I mean, kind of, I guess?
States make their own age-related rules. The states are part of the US. So technically sure, you're right. In practice, you're very wrong.
> States make their own age-related rules. The states are part of the US. So technically sure, you're right. In practice, you're very wrong
This is wrong. It's particularly wrong in the way that you draw a distinction between theory and practice. It's so wrong that it's backwards.
In theory, the states set age related rules. In practice, they must set them to what the federal government tells them to. This was established in the specific case in 1984 [0] when Congress realised that it could withhold funding to states based on how quickly they agreed with it, and in the general case in 1861 [1] when the United States initiated a war that would go on to kill 1.6 million people after some states asked it only to exercise the powers derogated to it in its constitution.
[0] https://en.wikipedia.org/wiki/National_Minimum_Drinking_Age_...
Even the age at which you can buy various types of guns varies from state-to-state and that is ostensibly a constitutional right assured to all citizens. In Montana, a child is allowed to buy a gun from anybody other than an FFL. If they're 18 they can also buy rifles from FFLs. They can even buy machine guns if they have the money for it. Meanwhile in California, an 18 year old cannot buy even a single shot .22 rifle, they aren't allowed to purchase any gun until they are 21 years old. Imagine if Texas passed a law saying that you don't get your first ammendment rights until you're 21 years old. This is the America we live in.
Have you looked at age-of-consent rules across the various states? Boating license age requirements? How have those two completely unrelated things have-or-not changed over the past 100 years across all 50 states? Age for kids to sit in the front seat of a car? Learn to drive a car? Get a work permit?
States have age-related laws at an insane level. I don't know what you're on about.
Perhaps if you had examples or decisions to explain what you're talkinh about, you would make your point better?
As is, you are being politely called out as incorrect because you are asserting someone people don't believe and not providing any argument, evidence or justification.
> The interpretation of existing jurisprudence is that age limits on the free exercise of rights is Constitutional in many circumstances regardless of if such limits are not explicitly in the Constitution.
This is explicitly the case with voting rights, but other than that? While there a contextual limits where age may be a factor as to whether the context applies (e.g., some of the linitations that are permitted in public schools), I can't think of any explicit Constitutional right where the courts have allowed application of a direct age limit to the right itself. Can you explain specifically what you are referring to here?