Not? That doesn’t fix your sentence. it wasn’t better with “now” though, either.
You had gone on to say, “Individual rights are paramount,” but either you do NOT understand how “we” do things in this country, or “this country” means some other than the U.S.A., but I can’t think of one that espouses what you said. Now, granted, “we” might just mean you and some group of legal sophomores…I dunno, but it’s not ME, and it’s not how our government works, and certainly isn’t “we” if “we” involves the Supreme Court.
I’m not saying we don’t take individual rights seriously. We do. Sometimes in the name of refusal to set a precedent for violation of rights , we even set murderers free. You know it. But "this country"does NOT place individual rights as paramount. Compelling government interests are paramount. I’m not kidding, I know you don’t believe me, but it’s a fact. Accept it.
Here’s how it REALLY works: Wiser people than me have figured out that it is impossible to uphold all rights all of the time all at the same time. My right to swing my arm ends at the fear of your nose. Really, I’m not making this up. It has been observed before that ALL laws in some manner, some more so than others, create inequalities between various groups of citizens. There is nothing for it; it simply can’t be helped. Therefore, we must accept that we cannot always point to a right and claim (of course from your point of view) that some great evil is being done because you can read your right in the Constitution and it doesn’t seem to you that it is being honored. No, “we” do not consider a fundamental right to be the only part of the equation.
Now, I’m not really gonna get into MY RIGHT to a legitimately comprised, constitutional government. But you see, if an interest of the government’s can be said to be compelling, [and I believe the objective of fair and honest elections is exceedingly compelling (in light of other interests that have been found compelling)] then it is actually ok, believe it or not, to deny even a fundamental right. No, I’m not making this up, really.
You see, in equal protection analysis, “we” (meaning those of us who accept the Law and the fact of it’s existence and the principles of our governance–Bricker explained this) under what we call strict scrutiny, that is, the highest standard of upholding rights under equal protection, we look to see if there is a compelling interest; and then, if we find that there is, we next ask if the law is narrowly tailored to achieve that interest. Then we ask ourselves if there is a less restrictive means available; (yeah, I know, that’s like asking if the law is narrowly tailored again, but I guess that’s important enough to do twice from another angle maybe) if we can approve the law ona ll three considerations, then “we” do not concern ourselves with a violation of fundamental rights.
To be honest, I don’t quite like it, but argue as I might, I cannot overcome the proposition that all laws are going to treat someone unequally from another in some way; some group is not going to like it and feel violated. I wish we could devise a system that didn’t do this, but, unfortunately, we haven’t been able to come up with a better theory. Until you can explain how I can swing my arm past the fear of your nose without, well, making you feel assaulted, I’m listening up for a way that all rights can be upheld simultaneously in all situations without limitation.
Until then you need to accept that “we” in “this country” find the balance of competing rights to be paramount.
Now THAT was a righteous “rant.”