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STATE INTERPOSITION
Speech at New Hampshire Center for Constitutional Studies Conference ^
| September 2000
| Dr. Herbert W. Titus, J.D.
Posted on 02/19/2004 4:47:19 PM PST by Federalist 78
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To: Federalist 78
Thanks for letting me know about this post...I can't wait to read it all!
21
posted on
02/21/2004 10:56:17 AM PST
by
AuntB
(.)
To: tpaine
This is a great read. Understatement: almost nothing in government is as it seems.
22
posted on
02/21/2004 11:45:34 AM PST
by
Zon
To: Federalist 78; yall
Chief Justice John Marshall firmly entrenched the principle of judicial review in Marbury v. Madison, 5 U.S. 137 (1803). In that opinion he declared that a law repugnant to the Constitution is null and void. Yes, he did, -- ANY law made by ANY level of our governments, - fed/state/local..
But if an Act of Congress is null and void if inconsistent with the Constitution, does not follow that the order of an unelected federal judge is also null and void if inconsistent with the Constitution?
Indeed it does, and it thus follows, - any legislative levels inconsistencies are void & unenforceable by any levels of our court system..
At some point we must stand up and say to the federal judiciary, "Enough is enough! You have usurped powers that the Constitution has not delegated to you. You have imposed upon the rightful authority of the states."
Yep, we must make that declaration to ALL who violate our individual rights..
Can y'all agree?
23
posted on
02/21/2004 3:21:00 PM PST
by
tpaine
(I'm trying to be 'Mr Nice Guy', but the U.S. Constitution defines conservatism; - not the GOP. .)
To: Zon
Zon wrote:
This is a great read. Understatement: almost nothing in government is as it seems
_______________________________________
I agree.. Well reasoned article when it deals with the 'state interposition' doctrine, which I can fully support..
Find some brave men, appoint them judges & prosecutors, and let them defy the feds on constitutional grounds, -- and many of these disputes over individual rights could be resolved..
24
posted on
02/21/2004 3:38:36 PM PST
by
tpaine
(I'm trying to be 'Mr Nice Guy', but the U.S. Constitution defines conservatism; - not the GOP. .)
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