Jay: Titles and codes remain Constitutional and the law of the land until they are struck down by the Court.
Yep.
Omega: And would this apply to segregation laws in the South decades ago? Slavery?
Yep. Both were Constitutional until ruled un-Constitutional.
Jay: Slavery is in the Constitution isn't it. Slavery was amended out of existance and segregation met challenge with the Civil Rights Act
Yep.
Jay: You neglect to take into account US Code, which in the American system acts as the means of the federal legislature to interpret the Constitution. It is up to the Court to strike down legislation that it interprets as unconstitutional.
Damn skippy.
Omega: And my point is that NO possible interpretation of the Constitution can allow for the laws in question
This from a person who thinks NASA in un-Constitutional? Omega, if the Constitution is law, then what it says is law until there is an ammendment or struck down as Unconstitutional. In this case, slavery and segregation WERE Constitutional until the Court ruled them un-Constitutional.
Unless you're going to say that what's written there isn't, in fact, the law of the land,
It is infact the law of the land. Until ammended or ruled unconstitutional.
I frankly don't give a darn what the legislature and the courts do
See, I call that ignorance. Clinging to the past. Etcetra etcetra.
I will follow the law of the land in order of precidence
Which is set by who? Just out of my own curiousity.
and in accordance with my pre-existing beliefs
Right. NASA and Highways: illegal! Pre-marital sex evil! Bible good, OT bad. Yeeeesh.
------------------ Star Trek Gamma Quadrant Average Rated 6.83 out of 10 Smileys by Fabrux *** "Oh, yes, screw logic, let's go for a theory with no evidence!" -Forum Member Who Shall Be Nameless. 11:48am, Jan. 19th, 2001
The popular vote that instituted the Constitution.
------------------ Disclaimer: "All references to vices and of the supernatural contained in this game are for entertainment purposes only. _Over_The_Edge_ does not promote satanisim, belief in magic, drug use, violence, sexual deviation, body piercing, cynical attitudes toward the government, freedom of expression, or any other action or belief not condoned by the authorities." - `OverTheEdge'
posted
I would say to that Omega that you are about as wrong on this issue as you are on most others you argue about.
Read some Constitutional law and get back to me, otherwise you sound uninformed and just plain not knowledgeable about the law and how it works.
------------------ "We're just going to have a lot of work. ... Redefining the role of the United States from enablers to keep the peace to enablers to keep the peace from peacekeepers is going to be an assignment." ~ George W. Bush, Deer-In-The-Headlights of the United States
[This message has been edited by Jay (edited January 29, 2001).]
posted
Yeah, we all know how important the popular vote isn't, don't we?
------------------ Star Trek Gamma Quadrant Average Rated 6.83 out of 10 Smileys by Fabrux *** "Oh, yes, screw logic, let's go for a theory with no evidence!" -Forum Member Who Shall Be Nameless. 11:48am, Jan. 19th, 2001
Now you too can know how many days we've got left with un-Curious George as president.
------------------ "We're just going to have a lot of work. ... Redefining the role of the United States from enablers to keep the peace to enablers to keep the peace from peacekeepers is going to be an assignment." ~ George W. Bush, Deer-In-The-Headlights of the United States)
[This message has been edited by Jay (edited January 30, 2001).]
posted
***well, that made now sense*** I am going to shut up for a bit now.
------------------ "One's ethics are determined by what we do when no one is looking" Nugget Star Trek: Gamma Quadrant Star Trek: Legacy Read them, rate them, got money, film them....
[This message has been edited by Ritten (edited January 30, 2001).]
posted
Tell me, you people who think that the law is the law until it's changed, regardless of whether the Constitution says otherwise: What if someone passed a law that eliminated all courts, and turned the country into a literal dictatorship. Would THAT be the law?
We have a Constitution for a reason.
------------------ Disclaimer: "All references to vices and of the supernatural contained in this game are for entertainment purposes only. _Over_The_Edge_ does not promote satanisim, belief in magic, drug use, violence, sexual deviation, body piercing, cynical attitudes toward the government, freedom of expression, or any other action or belief not condoned by the authorities." - `OverTheEdge'
posted
Only if the legal process for making such a law was followed. If this type of thing were to be started, in or out of the existing legal process I can think of a few associates of mine from the military that might be a bit perturbed by it, and would, most likely hand things.
------------------ "One's ethics are determined by what we do when no one is looking" Nugget Star Trek: Gamma Quadrant Star Trek: Legacy Read them, rate them, got money, film them....
I'm simply stating that the electoral college is more important in determining the president than the popular vote. Hence, the popular vote isn't important. Would you disagree with this? Then shut the fuck up. Thank you.
------------------ Star Trek Gamma Quadrant Average Rated 6.83 out of 10 Smileys by Fabrux *** "Oh, yes, screw logic, let's go for a theory with no evidence!" -Forum Member Who Shall Be Nameless. 11:48am, Jan. 19th, 2001
Saiyanman Benjita
...in 2012. This time, why not the worst?
Member # 122
posted
A law that is passed to get rid of the courts would be struck down as unconstitutional, since the constitution provides for the Supreme Court. It is paradoxial.
Jeff: That summary was well spoken. I completetly agree with the answers given.
I may not like that slavery and segregation was once allowed by law. I may not like the fact that abortion is allowed by law. However that does not change the fact that a law is a law until otherwise repealed.(normally by means of the United States Supreme Court) This is best exampled with the Prohibition amendment.
------------------ Though it will go without saying ten minutes into these preceedings, View Askew would like to state that this film is - from start to finish - a work of comedic fantasy, not to be taken seriously. To insist that any of what follows is insensitive or inflammatory is to miss our intentions and pass undue judgement, and passing judgement is reserved for God and God alone (this goes for you film critics too...) Just Kidding So please, before you think about hurting someone over this trifle of a film, remember God has a sense of humor. Just look at the platypus. Thank you and enjoy the show. P.S. We sincerely apologize to all platypus enthusiasts out there who are offended by that thoughtless comment about the platypus. We at View Askew respect the noble platypus and it is not our intention to slight these stupid creatures in any way. Thank you and enjoy the show.
posted
A law that is passed to get rid of the courts would be struck down as unconstitutional, since the constitution provides for the Supreme Court.
So thus the Constitution would be the higher law? Thank you.
------------------ Disclaimer: "All references to vices and of the supernatural contained in this game are for entertainment purposes only. _Over_The_Edge_ does not promote satanisim, belief in magic, drug use, violence, sexual deviation, body piercing, cynical attitudes toward the government, freedom of expression, or any other action or belief not condoned by the authorities." - `OverTheEdge'
posted
Gotta get Congress to 'make it so', and does anybody imagine that such a thing happening, in this country anyway? Omega, can you come up with a better example?
------------------ "One's ethics are determined by what we do when no one is looking" Nugget Star Trek: Gamma Quadrant Star Trek: Legacy Read them, rate them, got money, film them
"...and I remain on the far side of crazy, I remain the mortal enemy of man, no hundred dollar cure will save me..." WoV
Saiyanman Benjita
...in 2012. This time, why not the worst?
Member # 122
posted
Yes, the constitution is the be-all end-all of United States Law. Any law that is passed must adhere to it, elsewise it can (and most likely will) be struck down by the Supreme Court.
US Codes, however, are law, therefore they must be followed. However they fall under the Constitution, which governs the making of those laws. Such US Codes include the hiring and handling of employees. There is a code that says that you may not discriminate because of race, sex, color, sexual orientation, belief, or handicap.
However, the US Constitution is not as interpretive as some may think. Many cases have been won and lost because of the actual wording of the Constitution.
------------------ Though it will go without saying ten minutes into these preceedings, View Askew would like to state that this film is - from start to finish - a work of comedic fantasy, not to be taken seriously. To insist that any of what follows is insensitive or inflammatory is to miss our intentions and pass undue judgement, and passing judgement is reserved for God and God alone (this goes for you film critics too...) Just Kidding So please, before you think about hurting someone over this trifle of a film, remember God has a sense of humor. Just look at the platypus. Thank you and enjoy the show. P.S. We sincerely apologize to all platypus enthusiasts out there who are offended by that thoughtless comment about the platypus. We at View Askew respect the noble platypus and it is not our intention to slight these stupid creatures in any way. Thank you and enjoy the show.
posted
Also, it's important to keep in mind that the Supreme Court doesn't go around looking through the various laws of the land and deciding if they're legal or not. A case has to be brought to the Supreme Court for the Supreme Court to rule on it ...
It's also important to note that the Supreme Court doesn't always rule correctly. Or, at least, in the terms as we think of it today. Look at Dred Scott.
------------------ Star Trek Gamma Quadrant Average Rated 6.83 out of 10 Smileys by Fabrux *** "Oh, yes, screw logic, let's go for a theory with no evidence!" -Forum Member Who Shall Be Nameless. 11:48am, Jan. 19th, 2001