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To: Ken H
The public use of profanity certainly can and should be regulated by LOCAL government if that is what the local population votes for.

Local governments have limits on their authority to regulate profanity (see post #97). The judge ruled correctly in this case.

The constitution is a limitation on federal power, not state power:

Constitutional Law is based on a formal document that defines broad powers. Federal constitutional law originates from the U.S. constitution. State constitutional law originates from the individual state constitutions.

Statutes and Ordinances are legislation passed on the federal, state, or local levels.

The US constitution had no jurisdiction and was irrelevant to Ms. Herb's case and it is important for you to understand that.

126 posted on 12/15/2007 10:40:44 AM PST by Nephi ( $100m ante is a symptom of the old media... the Ron Paul Revolution is the new media's choice.)
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To: Nephi
The constitution is a limitation on federal power, not state power:

Wrong with regard to state power.

1. See Art. I, Sec. 10. The phrase "No State shall..." appears 3 times, IIRC.

2. 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.

Amendment XIV: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Constitutional Law is based on a formal document that defines broad powers. Federal constitutional law originates from the U.S. constitution. State constitutional law originates from the individual state constitutions.

Correct.

Statutes and Ordinances are legislation passed on the federal, state, or local levels.

Correct again.

The US constitution had no jurisdiction and was irrelevant to Ms. Herb's case and it is important for you to understand that.

Wrong.

Article VI: 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.

_______________________________

That's 2 out of 4 correct, with some fundamental misunderstandings in your incorrect answers. Recommended remedial reading:

http://constitution.org/cons/constitu.htm

128 posted on 12/15/2007 12:27:14 PM PST by Ken H
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