TO INFRINGE, V. To encroach.
TO INFRINGE, VIOLATE, TRANSGRESS.
INFRINGE, from frango to break, signifies to break into.
VIOLATE, from the Latin vis force, signifies to use force towards.
TRANSGRESS, from trans and gredior, signifies to go beyond, or farther than we ought.
The civil and moral laws are infringed by those who act in opposition to them: treaties and engagements are violated by those who do not hold them sacred: the bounds which are prescribed by the moral law are transgressed by those who are guilty of any excess. It is the business of government to see that the rights and privileges of individuals or particular bodies be not infringed: policy but too frequently runs counter to equity; where the particular interests of princes are more regarded than the dictates of conscience; treaties and compacts are first violated and then justified: the passions, when not kept under proper control, will ever hurry men on to transgress the limits of right reason.
I hold friendship to be a very holy league, and no less than a piacle to infringe it. Howel.
No violated leagues with sharp remorse Shall sting the conscious victor. Somerville.
Why hast thou, Satan, broke the bounds pre-scrib’d To thy transgressions? Milton.
INFRINGEMENT and INFRACTION, which are both derived from the Latin verb infringo or frango (v. To infringe), are employed according to the different senses of the verb infringe: the former being applied to the rights of individuals, either in their domestic or public capacity; and the latter rather to national transactions. Politeness, which teaches us what is due to every man in the smallest concerns, considers any unasked for interference in the private affairs of another as an infringement. Equity, which enjoins on nations as well as individuals, an attentive consideration to the interests of the whole forbids the infraction of a treaty in any case.
There is no other place in the Constitution or Bill of Rights where the word "infringed" is employed. Why? Because the meaning of the word itself means that no 'law' or legal action can be taken against anything secured by that prohibitory word. Which of course means that it cannot be "amended" away. Due to the fact that an "amendment" is in fact a "legal" process. In other words, the right cannot be "broken into" in any degree.