Skip to comments.
CONSTITUTION RESTORATION ACT “CRA” 2004
Foundation For Moral Law ^
| 13 Feb 04
| Judge Roy Moore
Posted on 02/13/2004 6:29:36 PM PST by Federalist 78
click here to read article
Navigation: use the links below to view more comments.
first previous 1-20, 21-28 last
To: SedVictaCatoni
A subsequent case wouldn't need to overturn it. Regardless of whether somebody would still consider it "the law of the land", it would be completely ineffective. State passes law against abortion, state courts uphold it, nothing can be done about it, because it doesn't go any further than the state level.
21
posted on
02/13/2004 9:38:39 PM PST
by
inquest
(The only problem with partisanship is that it leads to bipartisanship)
To: SedVictaCatoni
The USC online is missing the organic law section which was added in the 1890s. It is part of the code. The person who looked it up found the Code in several volumes with the first volume being the organic law. The federal government online version of the code gets updated every few years or so to show only the active laws. The House of Representatives version of the code online contains the organic law section and the Declaration.
I took your statement that the Declaration was in the West version as reinforcing the fact that in the 19th century the the Declaration of Independence was added because all federal law [is supposed to] spring(s) from it.
To: SedVictaCatoni
But this bill would only prevent the courts from hearing any further abortion cases. Roe would remain the law of the land (that the United States Constitution grants a right to an abortion), and no subsequent case could come along to overturn it. It seems the bill specifically allows for the reversal of unconstitutional decisions:
Use by Congress of Article III regulation of the appellate jurisdiction of the United States Supreme Court and other federal courts is provided by the Constitution as a check on the Judicial Branch when it exceeds its jurisdiction.
At the very least the legislature could return the decision to the states and the SC could do nothing about it.
23
posted on
02/14/2004 1:16:47 AM PST
by
Dataman
To: hedgetrimmer
Thanks for the ping, hedgetrimmer. I'm working this weekend so I will read this later. I perused it briefly, but it sounds like a move in the right direction.
To: Federalist 78
25
posted on
02/14/2004 7:44:31 AM PST
by
The_Eaglet
(Opportunity: http://www.peroutka2004.com)
To: Federalist 78
To: Federalist 78; Congressman Billybob
I think it is necessary to amend the Constitution to limit and define the appellate powers of Article III courts.
It is a foolish waste of time to fight a five-year battle to ban so-called "marriages" between members of the same sex when the courts will just be right back with another outrage as soon as that amendment passes.
We should save our energy for a single, comprehensive amendment which would forbid the use of language in the preamble "blessings of Liberty", "general welfare" as the substantive basis for ruling State laws unconstitutional.
27
posted on
07/11/2004 9:27:54 AM PDT
by
Jim Noble
(Now you go feed those hogs before they worry themselves into anemia!)
To: SedVictaCatoni
But if Roe remained, it would be a powerful political bar to state legislatures enacting abortion-ban bills.Technically, ROE would never be overturned. But no one would be able to sue a state government for any particular "infraction" of ROE. ROE would become a dead letter. Of course, ROE would ALREADY be a dead letter if the governors and presidents since 1973 actually understood their constitutional role: namely, to ignore patently criminal pronouncements from the Supreme Court.
Navigation: use the links below to view more comments.
first previous 1-20, 21-28 last
Disclaimer:
Opinions posted on Free Republic are those of the individual
posters and do not necessarily represent the opinion of Free Republic or its
management. All materials posted herein are protected by copyright law and the
exemption for fair use of copyrighted works.
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson