Subject:
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Re: One nation, indivisible, with liberty and justice for all.
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Newsgroups:
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lugnet.off-topic.debate
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Date:
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Tue, 2 Jul 2002 18:27:38 GMT
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Viewed:
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3487 times
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In lugnet.off-topic.debate, David Koudys writes:
<snip>
You would be well served not to use "West Wing" as your basis for research,
or even for sound bites. It's terribly biased in the statist/socialist
direction and the writers are quite skillful at twisting things to their own
ends, as they have happily admitted. Think for yourself.
Now then, as to this excerpt:
"Judge: I would have strong objection, Mr. President, as I like cream as
well, but I would have no constitutional basis to strike down the law when
you brought your case to the Supreme Court."
That is, in my view, not a correct interpretation. See the constitution
itself, for example as found here (there are other places),
http://www.law.cornell.edu/constitution/constitution.text.html
specifically Amendment X
"The powers not delegated to the United States by the Constitution, nor
prohibited by it to the states, are reserved to the states respectively, or
to the people. "
which was expressly put in to address the objections of the "Georgians"
referred to in this excerpt:
" Sam: In 1787 there was a sizeable block of delagates who were initally
opposed to the Bill of Rights. This is what a member of the Georgia
delagation had to say by way of opposition, "If we list a set of rights,
some fools in the future are going to claim the people are entitled to those
rights enumerated and no others..." "
You'd have to see the Federalist Papers to determine if they really were
Georgians or not, I don't recall.
A law preventing cream in coffee is indeed unconstitutional, as are about
98% of the rest of the laws we have nowadays. The mere fact that courts
don't find that way doesn't mean that it isn't unconstitutional, just that
the constitution has been mostly abrogated.
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