Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Remember: Any law that violates our Constitution is ILLEGAL...

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU
 
SnoopDog Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-20-05 11:35 PM
Original message
Remember: Any law that violates our Constitution is ILLEGAL...
And, if our government passes any law that violates our Constitution, they represent a rogue government who effectively has illegally taken over our government.

The ONLY legal means to change our Constitution is thru the Amendment process.

Of course this will sink... at least I put in my 2 cents tonight!
Printer Friendly | Permalink |  | Top
RC Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-20-05 11:49 PM
Response to Original message
1. Who's army you going to use to enforce that?
Printer Friendly | Permalink |  | Top
 
SnoopDog Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-20-05 11:51 PM
Response to Reply #1
2. Just facts my friend...We all should be enforcing this fact...
Printer Friendly | Permalink |  | Top
 
tech3149 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 12:59 AM
Response to Reply #1
8. Well let's see
Current Armed Forces staffing is at about 1.4M, reserve forces about the same. Just a SWAG(scientific wild assed guess) is that local/state police would equal those numbers. With a national population of 289 million, if 10% of the population went to the streets, our total military force and the NG and local and state police would be facing an opponent that outnumbers them 10 to 1. An emotional interpretation from my pov is that half or a third of those military/police forces will choke on the idea of firing on the people that they swore to protect and defend.
Printer Friendly | Permalink |  | Top
 
LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 04:04 PM
Response to Reply #8
23. My understanding is that it takes at least 1 guard for every 10 prisoners
to control.

It probably would require more just to corral everyone.
Printer Friendly | Permalink |  | Top
 
gumby Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 12:04 AM
Response to Original message
3. Try taking that argument to a "Strict Constructionist"
They'll tell you that God wants to kill you even if you're innocent.

That's what the SCs "interpretors of the Constitution" have already said. Who ya gonna call?
Printer Friendly | Permalink |  | Top
 
Internut Donating Member (436 posts) Send PM | Profile | Ignore Sat May-21-05 12:11 AM
Response to Original message
4. Correct me if I am wrong, but
as far as I know, the Constitution is what the Supreme Court says it is. So if the Supereme Court considers a law and does not strike it down, it by definition does not violate the Constitution.
Printer Friendly | Permalink |  | Top
 
SnoopDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 12:35 AM
Response to Reply #4
5. No, I would say that the Constitution takes precedence as
it this the document that created the Judgeship, thus its creator.

Meaning, you literally could have a Judge state that the ENTIRE Constitution is invalid... that would be un-Constitutional and thus ruled an invalid argument.

That is why true statesmen debate the merits of a judge, strictly requiring the judge will preserve our Constitution, and prosperity for all life and our home.

Printer Friendly | Permalink |  | Top
 
Internut Donating Member (436 posts) Send PM | Profile | Ignore Sat May-21-05 12:44 AM
Response to Reply #5
7. Since there is no higher authority
than the Supreme Court in deciding what violates the Constitution and what does not, I think the Supreme Court's opinion would be final.

Let's say you think some law violates the Constitution. Let's say the Supreme Court decides that it does not. What is your next move?
Printer Friendly | Permalink |  | Top
 
FreedomAngel82 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 01:10 AM
Response to Reply #7
9. And this is why
Bush is pushing his right wing extremist judges. For the Supreme Court. Even if he's out of office and all his rightwing neonazi's are as well they'll still be there to carry out their plans. All he has to do is have Poppy call them or he call them up. He's wanting these people for a purpose. Our Constiution no longer matters. Neither does the Bill of Rights.
Printer Friendly | Permalink |  | Top
 
Internut Donating Member (436 posts) Send PM | Profile | Ignore Sat May-21-05 01:15 AM
Response to Reply #9
10. As far as I understand these matters,
Edited on Sat May-21-05 01:48 AM by Internut
the Constitution no longer matters for a very long time already. Only the Supreme Court's opinion of the Constitution matters.

As for Poppy calling the judges and telling them what to do - I don't think so. Once a Supreme Court judge is approved, he is there for life. He cannot be removed. He is paid pretty well. Please explain, what possible pressure can be applied to such a judge - short of threatening to kill his relatives?

Nah, those judges, if approved, will decide what they decide based on their own reasoning, not on outside pressure. There have been examples before of Republican appointed Supreme Court justices who turned out to be pretty liberal. Stevens and Souter come to mind among the more recent appointees. Blackmun, Brennan and Warren as well.
Printer Friendly | Permalink |  | Top
 
LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 04:08 PM
Response to Reply #7
24. SC opinion is only final at that point in time
Next move will have to wait until the SC changes or another opinion on a different law demands a different opinion.
Printer Friendly | Permalink |  | Top
 
Internut Donating Member (436 posts) Send PM | Profile | Ignore Sat May-21-05 04:14 PM
Response to Reply #24
26. True -
and there have been precedents of just such an occurrence.
Printer Friendly | Permalink |  | Top
 
Massacure Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 04:25 PM
Response to Reply #7
27. Impeachment.
Printer Friendly | Permalink |  | Top
 
Toots Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 03:51 PM
Response to Reply #5
21. Supreme Court has ruled many times that certain unconstitutional laws
are legal. Take the "No Knock Policy" It specifically goes against your constitutional right to not be searched without warrant. So does breathalizer tests. When they search your car without warrant or now with Patriot Act every thing in it is unconstitutional. Able to arrest an American and whisk them away to a foreign country, not allow them legal council or a trial by jury or just basic American Rights. supreme court ruled it Legal. Whatever the Extreme Court rules that is the Law and one reason they want so badly to stack the courts.
Printer Friendly | Permalink |  | Top
 
suigeneris Donating Member (471 posts) Send PM | Profile | Ignore Sat May-21-05 11:26 PM
Response to Reply #4
53. Correct, of course. nt
Printer Friendly | Permalink |  | Top
 
thecai Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 12:36 AM
Response to Original message
6. Thanks For The Encouraging Reminder!
The problem is they've been getting away with destruction of The Constitution for years. The patriot acts make the corruption "legal". The patriot acts need to be scrapped, Bush needs to be impeached, and the laws against corrupt gvt. need to be enforced.
Printer Friendly | Permalink |  | Top
 
Yupster Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 12:54 PM
Response to Original message
11. The ONLY legal means to change our Constitution
is thru the Amendment process.

Interesting.

I'd like to hear your opinion on Roe v Wade then.
Printer Friendly | Permalink |  | Top
 
SnoopDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 01:16 PM
Response to Reply #11
13. Row v Wade states that abortions are legal...
There is nothing in the Constitution preventing that - right?
Printer Friendly | Permalink |  | Top
 
Yupster Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 08:32 PM
Response to Reply #13
29. Well there was no constitutional right
to an abortion for 200 years.

Then one day the court changed the constitution by interpretaton and discovered a constitutional right to an abortion.

The Constitution was changed without any amendment or amendment process.

So are we to be against that too, or are we only to be against constitutional changes by interpretation if we disagree with them.
Printer Friendly | Permalink |  | Top
 
Ravy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 09:05 PM
Response to Reply #29
34. Not all rights are defined in the Constitution.
The Bill of Rights declares special rights and restricts the Government from ever infringing on those rights. There is most definitely (in my opinion) a right to privacy, against government intrusion into my private affairs. While this is not spelled out in the Constitution, does not mean the rights do not exist.
Printer Friendly | Permalink |  | Top
 
SnoopDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 09:28 PM
Response to Reply #29
37. You cannot change the Constitution without an amendment...
Edited on Sat May-21-05 09:45 PM by SnoopDog
So, in reality, only a law was enacted...
Printer Friendly | Permalink |  | Top
 
Yupster Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 11:44 PM
Response to Reply #37
61. Laws are passed by congress
or other legislative bodies.

Judges do not pass laws.

Roe versus Wade is not a law. It was never passed by any legislative body. It was a judicial ruling.

It was a constitutional change by judicial interpretation, not by constitutional amendment.
Printer Friendly | Permalink |  | Top
 
suigeneris Donating Member (471 posts) Send PM | Profile | Ignore Sat May-21-05 11:31 PM
Response to Reply #29
54. That's silly. There was always the right,
but no citizen had ever asserted it before as a liberty interest.

You don't think our rights come from the Constitution do you? Back to school if you do.
Printer Friendly | Permalink |  | Top
 
beaconess Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-22-05 12:56 AM
Response to Reply #29
67. The Constitution was not "changed."
The Court ruled that the Constitution guaranteed a right to privacy - and always has - and that the right to privacy encompassd the right to be free from undue government interference in their homes, property, and persons and that includes the right of a woman to choose whether to continue a pregnancy.

The Court didn't change the Constitution. It simply ruled that a long-standing constitutional right protected the right to an abortion.
Printer Friendly | Permalink |  | Top
 
Internut Donating Member (436 posts) Send PM | Profile | Ignore Sun May-22-05 01:15 AM
Response to Reply #67
70. Funny, isn't it, that the "right to privacy" extends to
Edited on Sun May-22-05 01:19 AM by Internut
abortions, but does not extend to smoking or growing, marijuana in your own house. I mean, what could be more "private" than that?

Or could it be that the Supreme Court will, in ten or twenty or fifty years, suddenly "discover" that the right to put whatever substance you want into your own body has "always existed"? Or maybe it will "discover" that there is a "right" to grow whatever plant you want? What a surprise that would be.
Printer Friendly | Permalink |  | Top
 
many a good man Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 01:02 PM
Response to Original message
12. Congress can pass any damn law it likes
Court's role is to adjudge its constitutionality. There's no penalty in passing an unconstitutional law. Its perfectly legal.

What scares me about this filibuster fight is that the Senate is about to break its own rules, and the Court has no jurisdiction. The only redress we have is to throw the bums out in the next election and live with the consequences...

Printer Friendly | Permalink |  | Top
 
SnoopDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 01:22 PM
Response to Reply #12
14. I guess I would disagree... Any law that violates the Constitution is ..
illegal. Just because our government let it happen does not make it right.

The Patriot ACT clearly violates the "against unreasonable searches and seizures" clause of the 4th Amendment. There can be no other interpretation. If this evil administration wants to search you house without asking, then a new amendment must be put in place.

Remember, our Constitution is the basis of ALL OUR LAWS and can Never be violated (unless amended...).

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Printer Friendly | Permalink |  | Top
 
many a good man Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 01:36 PM
Response to Reply #14
15. Sorry. That's a fact, Jack
There is a distinction between "legal" and "right."

Any law passed is legal until its challenged in the courts and overturned. The court decides which cases it feels like hearing. Constitutionality is only what five old people in robes think it is. That's our system of government.

As long we can elect representatives to the legislature, it comes down to the people. Our only remedy is to elect reps that will overturn bad laws, and change the people who sit on the bench. Or call a Constitutional Convention.

We need to get busy!
Printer Friendly | Permalink |  | Top
 
Mythsaje Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 10:36 PM
Response to Reply #15
44. Call a constitutional convention.
Huh. Now there's an intersting idea. Maybe someone should do just that.
Printer Friendly | Permalink |  | Top
 
Internut Donating Member (436 posts) Send PM | Profile | Ignore Sat May-21-05 01:37 PM
Response to Reply #14
16. "Unreasonable" is in the eye of the beholder -
or, in this case, in the eye of the Supreme Court. Whatever it decides, that's the Constitution. It's the final arbiter. You cannot appeal its decisions. So - if in your and my eyes the law is unconstitutional, but the Supreme Court decides that it does not violate the Constitution, guess whose opinion wins.
Printer Friendly | Permalink |  | Top
 
SnoopDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 01:49 PM
Response to Reply #16
17. Lets say these pricks in office decide to
'make all guns illegal'.

Well, that is totally contrary to the Constitution. So, if a judge says they are indeed illegal what happens?

I guess that is when the ULTIMATE court of appeals decides - that would be the citizens...
Printer Friendly | Permalink |  | Top
 
Internut Donating Member (436 posts) Send PM | Profile | Ignore Sat May-21-05 02:05 PM
Response to Reply #17
18. You were talking about what is legal and what is illegal -
what the Supreme Court decides is, by definition, legal. Whether it is correct or not is a matter of personal opinion.
Printer Friendly | Permalink |  | Top
 
SnoopDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 03:07 PM
Response to Reply #18
19. so, you don't believe in the Constitution...?
Printer Friendly | Permalink |  | Top
 
Internut Donating Member (436 posts) Send PM | Profile | Ignore Sat May-21-05 03:23 PM
Response to Reply #19
20. Non-sequitur.
What exactly in my statement are you disagreeing with?
Printer Friendly | Permalink |  | Top
 
SnoopDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 03:57 PM
Response to Reply #20
22. In my example...
I stated a point that 'guns are now illegal' and to make more of a point "Americans do not have the right to bear arms'.

That would be in direct conflict with the Constitution. It would be impossible for a judge to rule for that as it directly violates the Constitution.

My story is that if a judge says guns are illegal, then the Constitution takes precedence. And if our government goes along with guns are illegal, without an amendment, that would represent a overthrow of our government. The citizens then would have every right to revolt against that.

Our Constitution is the basis for all of our laws or at least should be.

You keep arguing that a judge has final say and I say 'not if it directly violates the Constitution".

Printer Friendly | Permalink |  | Top
 
Internut Donating Member (436 posts) Send PM | Profile | Ignore Sat May-21-05 04:13 PM
Response to Reply #22
25. I do not say that "a judge has final say"
I do say that "the Supreme Court has final say". Yes, if a legislature passes a law making firearms illegal, and if the Supreme Court is asked to rule on its constitutionality, and if the Supreme Court (that is, five or more Supreme court justices) says that the law is, in fact, constitutional, then yes, the law is constitutional. That is how the system works.

And if my grandmother had wheels, she'd be a wagon.
Printer Friendly | Permalink |  | Top
 
suigeneris Donating Member (471 posts) Send PM | Profile | Ignore Sat May-21-05 11:37 PM
Response to Reply #25
55. He's right. There is no question. Marbury v Madison. nt
Printer Friendly | Permalink |  | Top
 
many a good man Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 04:26 PM
Response to Reply #22
28. Under our Constitution, Supreme Ct is the supreme law of the land
The Supreme Ct has final say according to the Constitution.

Its job is to interpret the Constitution. If we don't like their interpretation our only recourse, under the Constitution, is to amend the Constitution. Only their interpretation is valid, not yours or mine.

You don't like the Constitution?

Regarding your gun analogy: the right to bear arms is one of only two amendments to the Constitution that has NEVER been argued in front of the Supreme Court. Hypothetically, if it was and the Court declared that gun ownership was constitutional ONLY to members of state militias, then gun ownership would become illegal for private citizens who were not members of the state militia.

Our govt was designed to be a system of laws, not of men. That's why its important that judges make their opinions according to precedent and law. That's why a minority of the Senate can block the nomination of judges-- to prevent tyranny of the majority.
Printer Friendly | Permalink |  | Top
 
SnoopDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 08:55 PM
Response to Reply #28
32. Can you provide me the Article in the Constitution that states your point?
Printer Friendly | Permalink |  | Top
 
Yupster Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 08:36 PM
Response to Reply #20
30. You are right Internut
If the Supreme Court interprets the Second Amendment to mean that all guns are illegal, then that's what it means however ridiculous.

In fact, if the Supreme Court interprets the Second Amendment to mean that all men must wear red socks then that's what it means.

A group of creative lawyers could always write the language to connect the dots, not that it would even be necessary to do that.
Printer Friendly | Permalink |  | Top
 
Internut Donating Member (436 posts) Send PM | Profile | Ignore Sat May-21-05 08:44 PM
Response to Reply #30
31. Yupster - I know it, but a lot of people fool themselves
by the "Constitution is the main law of the land" slogan (original poster among them).

The Constitution is basically a fairly useless piece of paper that is used as a justification/cover for Supreme Court decisions that may or may not relate to what it says or what its intent was.

The Supreme Court is the main law of the land. Not the Constitution. I, personally, think that gives USSC way too much power, but who the hell am I.
Printer Friendly | Permalink |  | Top
 
SnoopDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 09:00 PM
Response to Reply #31
33. Since I am the original poster, again I totally disagree...
Internut, this is the Document that began our Country. This is the absolute rule of our country.

When push comes to shove, a Defender of the Constitution actually has the higher moral ground.

As I post above, site the Article in the Constitution that states that the 'Supreme Court is the main law of the land".

Please, enlighten me, oh one who would 'trash the Constitution'.
Printer Friendly | Permalink |  | Top
 
SnoopDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 09:46 PM
Response to Reply #31
38. Coward - check post #35
Printer Friendly | Permalink |  | Top
 
suigeneris Donating Member (471 posts) Send PM | Profile | Ignore Sat May-21-05 11:40 PM
Response to Reply #31
57. No, no, no. Here is where we part company. nt.
Printer Friendly | Permalink |  | Top
 
SnoopDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 11:42 PM
Response to Reply #57
58. Can you imagine a real American saying...
"The Constitution is basically a fairly useless piece of paper "...

That is why I am not letting up on my posts...

Thanks for your post...!
Printer Friendly | Permalink |  | Top
 
Internut Donating Member (436 posts) Send PM | Profile | Ignore Sat May-21-05 11:49 PM
Response to Reply #57
62. In the other post you agreed with the following statement:
"...since there are no limitations placed on such interpretations, you can see how that gives the Supreme Court the power to ignore the Constitution (while, of course, paying lip service to it)."

Once you agree to that, that is an admission (in my book) that the Constitution by itself is not relevant. It is only as relevant as the nine old men/women sitting in Washington, DC allow it to be - and they have bent and perverted it enough times to make it not relevant, except as a lip-service backup to their decisions.
Printer Friendly | Permalink |  | Top
 
beaconess Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-22-05 01:00 AM
Response to Reply #31
68. As an African American who has relied on the Constitution
Edited on Sun May-22-05 01:02 AM by beaconess
to vindicate and protect her rights - rights that others in our society always assumed were guaranteed to them - I don't at all see the Constitution to be a fairly useless piece of paper."

It has been the saving grace of this country. I treasure and revere it.
Printer Friendly | Permalink |  | Top
 
Internut Donating Member (436 posts) Send PM | Profile | Ignore Sun May-22-05 01:11 AM
Response to Reply #68
69. What you relied upon was not the Constitution -
but the way it has been interpreted by the Supreme Court. The Constitution itself is practically irrelevant, except at most as a guideline - the Supreme Court is the main law of the land.
Printer Friendly | Permalink |  | Top
 
beaconess Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 10:21 PM
Response to Reply #12
42. Right - the nuclear option doesn't violate the Constitution n/t
Printer Friendly | Permalink |  | Top
 
SnoopDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 10:43 PM
Response to Reply #42
46. However....
Article 2 Section 2 states that the President (paraphrasing) will require two thirds of the Senators concur on appointments.

Independent of what Senate rule apply, and given that the Constitution is the 'supreme law of the land', 66 senators are required to place a judge... Period...

A Constitutional Amendment would be required to change any rule on this, including 'nuclear options".


Article 2
Section. 2.

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
Printer Friendly | Permalink |  | Top
 
Internut Donating Member (436 posts) Send PM | Profile | Ignore Sat May-21-05 10:54 PM
Response to Reply #46
47. The "two thirds of the Senators present concur"
refers to the "make Treaties" part, not to the "shall appoint" part. Did you notice that semicolon? That indicates that whatever follows is independent of what precedes it.

Printer Friendly | Permalink |  | Top
 
SnoopDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 11:02 PM
Response to Reply #47
49. You got me on that one!!!!
By the way, who's side are you on...?
Printer Friendly | Permalink |  | Top
 
beaconess Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 11:18 PM
Response to Reply #46
51. The Constitution does NOT require 2/3 majority for appointments
Read it again - it requires 2/3 majority for TREATIES. And then in a separate clause (separated by the semi-colon), it sets for the requirements for presidential appointments, including judges - that they shall be done with the Advice and Consent of the Senate. It does not require any particular proportion of votes for these appointments. The fact that it is silent as to the proportion for such appointments, while setting out the proportion necessary for treaties is further proof that there is no such requirement.
Printer Friendly | Permalink |  | Top
 
SnoopDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 09:23 PM
Response to Original message
35. Here is the final passage from the Constitution to set you'all straight...
Please note that the Constitution 'shall be the supreme Law of the Land".

Seems that ALL OF YOU that posted your crap about the Supreme Court are all 'messed' up!

Please read our Constitution - it is a wonderful document.


Article. VI.

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.


This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.


The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
Printer Friendly | Permalink |  | Top
 
Internut Donating Member (436 posts) Send PM | Profile | Ignore Sat May-21-05 10:06 PM
Response to Reply #35
39. Article III gives "judicial power" to the Supreme Court.
That means that the Supreme Court has the power to interpret the Constitution ("The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made"). No limits to such power have been instituted. Thus the Supreme Court is free to interpret the Constutition in any way it likes.
Printer Friendly | Permalink |  | Top
 
SnoopDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 10:12 PM
Response to Reply #39
40. It absolutely does not say that to the extent you stated...
You are pulling your comment from 'where the sun don't shine' ...

Your entire premise 'holds no water' and is specifically debunked in Article III, Section 2.

What else you got?


Here is the Section:

Article III
Section. 2.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
Printer Friendly | Permalink |  | Top
 
Internut Donating Member (436 posts) Send PM | Profile | Ignore Sat May-21-05 10:19 PM
Response to Reply #40
41. You may disagree -
but that is the article and the section that gives the Supreme Court the "judicial Power" in the cases that arise "under this Constitution". The "judicial Power", with Constitution, or any other law, involves interpreting it, deciding whether it applies or not, and making judicial decisions accordingly. This is pretty clear.

If you think "judicial Power" does not mean "power to interpret the law and to decide whether it applies" - please explain what the words "judicial Power" mean to you in this context.
Printer Friendly | Permalink |  | Top
 
SnoopDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 10:31 PM
Response to Reply #41
43. It would be my position that...
this Article of OUR Constitution states that the Judiciary power does not allow for the judiciary to validate our Constitution, rather, it administers the power of the Constitution as it applies to such things as Ambassadors, or conflicts between States, or citizens of same or different States. etc.

Never does it state, explicitly or implicitly, that the courts argue the validity of a Constitutional provision....




Section. 2.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
Printer Friendly | Permalink |  | Top
 
Internut Donating Member (436 posts) Send PM | Profile | Ignore Sat May-21-05 10:38 PM
Response to Reply #43
45. Of course the court cannot "argue the validity of a
Edited on Sat May-21-05 10:40 PM by Internut
Constitutional provision" - that's a given. What it can do (and has to do, except in extremely simple cases) is to interpret the Constitutional provisions, and decide whether they apply to a given case or not, based on that interpretation. Since there is no limit whatsoever set on such an "interpretation", the interpretation can possibly completely invalidate the provision (without, of course, directly saying that it does).

Once again, please explain how, in your opinion, the Supreme Court can apply its Constitutionally-given "judicial Power" without having the power to interpret the Constitution and decide whether it applies in a case or not.

Once you agree that interpretation is required, and since there are no limitations placed on such interpretations, you can see how that gives the Supreme Court the power to ignore the Constitution (while, of course, paying lip service to it).

Printer Friendly | Permalink |  | Top
 
SnoopDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 10:58 PM
Response to Reply #45
48. The exact point you make - is my point....
My original post states that any law that our so-called government makes that is contrary to the MY Constitution is illegal. And those you pass the law are traitors.

Your direct quote "Of course the court cannot argue the validity of a Constitutional provision" states that, indeed the Constitution is the Supreme Law of the Land (and that is in the Constitution as well).

Our Judiciary can only apply our established laws governed by the Constitution to Ambassador, States, etc.

Again, my point is saying that this evil fascist administration CANNOT make any law that contradicts the Constitution. It is ILLEGAL. A renegade Judiciary that allows for a violation of the provisions of the Constitution in and of itself is therefore invalid as well.
Printer Friendly | Permalink |  | Top
 
Internut Donating Member (436 posts) Send PM | Profile | Ignore Sat May-21-05 11:17 PM
Response to Reply #48
50. What you're missing is that the Constitution itself
specifies who decides whether any law contradicts it or not. The Supreme Court decides that. Not you. Not me. Not the President or Congress. Since the power to interpret and apply the Constitution is vested by the Constitution itself in the Supreme Court, its decisions by definition cannot be un-Constitutional.

You don't like that. I see that. I don't like it either. But that is how it is. Your naive belief that if you repeat something that is demonstrably false several times it makes it true is baffling.
Printer Friendly | Permalink |  | Top
 
SnoopDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 11:37 PM
Response to Reply #50
56. Thank you o'wise one, however you are doing the same thing...
The Constitution states explicitly that the Judiciary can only apply its rulings between States, State and Citizen, etc. It does not allow the Court to decide a Federal Law, rather, how it applies to States, State to Citizen, etc.

You are, of course, assuming you are correct in your interpretation, as demonstrated by your comment that I am "naive" in my beliefs. One could turn that around to you.

Back to my example of 'the right to bear arms'. Since the Constitution states emphatically for the 'right to bear arms' and given that the 'Constitution is the law of the Land" any judgment against that is Un-Constitutional and anyone rallying against that are traitors to our nation.

Your comments against my United States Constitution are, as well, baffling to me.
Printer Friendly | Permalink |  | Top
 
Internut Donating Member (436 posts) Send PM | Profile | Ignore Sat May-21-05 11:44 PM
Response to Reply #56
60. If you insist in misunderstanding the
fairly simple concepts that were explained here, I can't stop you.
Printer Friendly | Permalink |  | Top
 
SnoopDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-22-05 12:02 AM
Response to Reply #60
63. I have a problem with ANYBODY stating, as you stated
"The Constitution is basically a fairly useless piece of paper"...

My America cherishes the Constitution as it is the original Document that solidifies our very existence.



This is my final post tonight...
Printer Friendly | Permalink |  | Top
 
suigeneris Donating Member (471 posts) Send PM | Profile | Ignore Sat May-21-05 11:43 PM
Response to Reply #45
59. Close enough to true for all practical purposes.
Printer Friendly | Permalink |  | Top
 
beaconess Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 11:22 PM
Response to Reply #43
52. The Constitution indeed gives the Courts jurisdiction to interpret it
Edited on Sat May-21-05 11:27 PM by beaconess
Article II, Section 2 provides: "The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority"

Moreover, Marbury v. Madison (1803)established the clear right and responsibility of the Court not only to interpret the laws passed by the legislature, but the power to invalidate them if it deemed them in violation of the Constitution. That has been the unquestionable law of the land ever since.
Printer Friendly | Permalink |  | Top
 
Yupster Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-22-05 12:04 AM
Response to Reply #35
64. But don't you see that
someone has to interpret what the Constitution means? Don't you see what a great power that is?

The question is how much latitude should the interpreters have in interpreting what the Constitution means?

Today it seems they have tremendous latitude. They can pretty much interpret any Constitutional clause to mean anything they want it to mean, and who would stop them.

Just as a forinstance... The Fourteenth Amendment was passed right after the Civil War to ensure that former slaves would be citizens of the states within which they resided. That was necessary because the Thirteenth Amendment freed the slaves, but many states were passing laws to make it clear that the "freedmen" would not enjoy rights of citizens. A Fifteenth Amendment was also necessary to give the right to vote to "freedmen" because even as citizens, states were restricting them from voting.

It was also added to the Fourteenth Amendment that former Confederate officers couldn't serve in some government positions, and the Confederate War debt would not be paid.

So 100 years later a Supreme Court came around and interpreted that the Fourteenth Amendment also required women to have the right to a legal abortion in the first trimester, but not necessarily in the third trimester.

Well that was quite an interpretive leap, and I'm sure the senators and state legislators who voted for the Amendment 100 years ago would say "abortion? Can't you people read? This doesn't have anything to do with abortion," but that is the incredible power of the Supreme Court.

In interpreting the Constitution, they can pretty much get to any ruling they want and there's always a clause or amendment section that can be used to justify the leap, whether it has anything to do with the issue or not.

So you're right, the Constitution is the law of the land, but it's the Supremems who get to say what the Constitution says.
Printer Friendly | Permalink |  | Top
 
beaconess Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-22-05 12:52 AM
Response to Reply #64
66. They don't have as much leeway as you think
The Courts are strictly bound by precedent - rulings in previous cases. Lower courts must apply precedent of both their own courts and higher courts. If they get it wrong, they are subject to reversal by courts of appeal and the U.S. Supreme Court. The Supreme Court must follow their own precedent or distinctly overrule past cases and state the reason. An example is the 1954 Brown decision, which expressly overruled Plessy v. Ferguson, a case that was binding precedent for nearly 60 years.

Of course, if the court of last resort chooses not to follow precedent, there is little recourse against them. But, while this is sometimes a problem, it doesn't happen as often as you might think. And, frankly, I can't come up with a better alternative. Who is better to say what the Constitution says and means? The president? Tom DeLay? State legislatures?

The Republicans have their own alternatives, which are completely unacceptable - they want to be able to impeach judges, or cut their funding or shorten their terms (and worse) in order to get them to toe the line and rule the way THEY want them to rule. But the beauty of an independent judiciary is that they are just that - independent from outside political influence. At least, they still are for the time being.
Printer Friendly | Permalink |  | Top
 
SnoopDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-21-05 09:25 PM
Response to Original message
36. Any chance someone can recommend this?
Edited on Sat May-21-05 09:36 PM by SnoopDog
Not for my sake - My only cause is for our Country...

{on edit}
Ok, I never had a Greatest thread - really don't give a hoot if I do. This is for MY United States of America.... To show that our Constitution is the 'supreme law of the land'. And if ANY US government violates the law of the Constitution, they are GUILTY of treasonous activities as they are obviously aiding and abetting a foreign country to act against us...
Printer Friendly | Permalink |  | Top
 
zann725 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-22-05 12:40 AM
Response to Original message
65. I just remembered that Shrub made a special trip right before Inauguration
to physically go look at the Bill of Rights and Constitution on display. Knowing how much he detests both, it gave me the creeps.
I can only guess what thoughts ran through his head as he visited these two monuments to Democracy right before Inauguration.

Yeah, what they're doing is illegal...like everything else they do. Yet they never get caught or punished.
Printer Friendly | Permalink |  | Top
 
Rainscents Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-22-05 02:25 AM
Response to Original message
71. OMG... You people are very funny! Arguing over our CT.
Printer Friendly | Permalink |  | Top
 
last1standing Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-22-05 02:32 AM
Response to Original message
72. Locking
This thread has become inflammatory.
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Mon May 06th 2024, 08:44 AM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC