Posted on 08/21/2010 1:31:24 AM PDT by onyx
Wonder if Jesse approves of Joe Miller?
There are always people that cast their ballots at the polls on election day.
Conservatives won’t give up because some people have already voted.
The leftists will be busy cheating and voting several times up until the polls close.
And then cheat some more by getting involved with the counting.
TPX and Joe Miller’s campaign will fight til the end to get him elected.
come on Joe Miller
“Only what is legal as defined by the U.S. Constitution and the rulings of the Supreme Court.”
I’m afraid I must abject to the idea that what is legal is at all defined by the rulings of the Supreme court when the same supreme court is defined and limited by the same Constitution.
Do you presume to give them control over their own limits?
I suggest you qualify your statement, there are many, many honest and conservative lawyers in America, the one I’m married to graduated with honors from Berkeley then went on scholarship to an Ivy League law school, after turning DOWN Yale’s offer of a full scholarship. He served in Vietnam and is a Bronze Star recipient. He worked on Wall Street (another evil in your mind?) in, at that time, the most prestigious law firm in NYC. He has raised three fine, Republican sons and is a devout Christian. Be careful who you through into the mix by including all lawyers, you would be incorrect and petty.
Throw = through, sorry
““starie decisis” shouldn’t apply to interpretation of the Constitution, not after the liberals have sat on SCOTUS.”
There are actually 3 parts of common law:
1: Written law.
2: Past practice.
3: “Stare Decisis”
In most cases the “liberal” justices that assumed the bench ignored all 3 in producing their edicts, and it is exactly because people presume them to have the authority to dictate to everyone else what the law is regardless of the written document that has given them the power to perpetrate this right usurping fraud.
The truth is in respecting “Stare Decisis” as conservatives justice do they are really just empowering the criminal usurpers that have sat on the bench before them.
But at the same time if conservatives don’t respect the tradition they can have no way to demand liberals do the same. which is why many of them do. But this argument is a mute point cause you know liberals will never respect their “Starie Decisis” just as they haven’t before. All you are doing in letting them be the master of the constitution and all of us the servants of their edicts.
So I’m with you the tradition of “Starie Decisis” must be abandoned as it does the cause of law and order no good while there have been any courts that either don’t respect it or apply it selectively.
This is perhaps one area where Louisiana’s Civil Code has an advantage over our “Common law”.
Whatever are you talking about?
Are you inferring that I had implied that decision? Assumptions such as that are misleading and diversionary. I will not allow that in this court. The jury is to disregard those statements made by Counselor Monoprise.
Baliff...take his shoes!
“”In our Constitution it specifically provides for funding for a Navy and an Army, but it does not specify Air Force. Are we to suggest that perhaps we should not be funding our Air Force because it’s not included in the Constitution?”
OMG. She’s really THAT BAD?!?!”
I guess she never heard of the progenitor of the Air-Force known as the Army air-core. Constitutionally speaking the Air force is still nothing more then a division of the army.
Do be honest in retrospect I think it was a bad Call to separate them as it only introduces confusion like this on the issue of where the air force stands in the Constitution.
Simply put the air-force doesn’t stand on its own in the Constitution its part of the army. Thats why the Air-components of the navy are still part of the Navy where as the air-force is really just the former air-components of the army.
If it were up to me the air force would go back to being the Army Air Core. Maybe with just a bit stronger division so there basically the same as they are now.
http://en.wikipedia.org/wiki/United_States_Army_Air_Corps
But make no mistake congress should be forced to renew the Air-force’s funding every 2 years or less just like the army.
Which is why the Constitution expressly authorizes the funding of an army and a navy. No air force in mentioned so a strict interpretation that only powers expressly granted Congress are allowed would seem to indicate that the U.S. Air Force is an unconstitutional organization. Now if you want to say that the authority for an air force is implied under Article I, Section 8's power to 'provide for the common defense' then you leave wide open the implied power to fund almost everything under the sun under the next part of that clause, to provide for the general welfare.
“”I’m afraid I must abject to the idea that what is legal is at all defined by the rulings of the Supreme court when the same supreme court is defined and limited by the same Constitution.”
Stand up when you address the court.
“Do you presume to give them control over their own limits?”
Are you inferring that I had implied that decision? Assumptions such as that are misleading and diversionary. I will not allow that in this court. The jury is to disregard those statements made by Counselor Monoprise.
Baliff...take his shoes!”
Yes I agree the Federal court system is obsessively arrogant in their presumption of total unquestioned power.
Even John Marshal in the famous supposedly power grabbing case of Marbury v. Madison had more respect for his own limitations in pointing out that he had not the power to force Madison to deliver the commissions.
In short the power of the court is not to demand things but to nully if found in consistent the the demands of the other branches of government.
To put it in anther way, it is to set men free from the government’s grasp rather then let innocent men go punished for crimes they did not commit.
“Which is why the Constitution expressly authorizes the funding of an army and a navy. No air force in mentioned so a strict interpretation that only powers expressly granted Congress are allowed would seem to indicate that the U.S. Air Force is an unconstitutional organization. Now if you want to say that the authority for an air force is implied under Article I, Section 8’s power to ‘provide for the common defense’ then you leave wide open the implied power to fund almost everything under the sun under the next part of that clause, to provide for the general welfare.”
Read: http://en.wikipedia.org/wiki/United_States_Army_Air_Forces
The army air forces is the progenitor of the Air Force and was then clearly regarded as part of the Army.
Indeed practically the air force still should be regarded as just anther kind of Army(operating from land) as it is distinguished from the United States Naval Air Corps.(Operating from Sea)
Now maybe if you can find a force that operates entirely in space or air might have an argument for distinguishing them from either the Navy(water) or Army(land).
All that being said I will not defend President Truman’s choice to separate the army from it’s Air core.
Consistent with Truman and FDR’s other actions it was a choice that had little to no respect for our Constitution. Just as it was unfair to the Army to rob them of their air-force while not doing the same to the Navy.
And in 1947 it was split off into an entirely separate branch of the military with its own civilian leadership and it's own budget. And no explicit Constitutional authorization.
“And in 1947 it was split off into an entirely separate branch of the military with its own civilian leadership and it’s own budget. And no explicit Constitutional authorization.”
As I said I will not defend the choice of Trueman or the congress of 1947 in this actions as Constitutional.
This is not the fist time this president and theses members of congress have shown their concept for our Constitution and our traditions.
Were I even alive at the time I would have had the National Security Act of 1947 declared Unconstitutional, or at the very least declared the abolishment of the department of war, a department established by George Washington Himself to manage the army disgraceful!
But that would be but one of many disgusting things that president, his immediate predecessor and that Congress did.
I will not defend them!
But I still stand by the fact that legally the air force should be regarded as part of the army from which it came.
If the National Security Act of 1947 were indeed more widely acknowledged as unauthorized by our Constitution that is exactly what the air-force would be.
It is not in the interest of the court to allow innocence to be a deciding factor in rulings. If necessary the court will establish more rulings to ensure findings of guilt.
(I make jest, of course, but this really does seem to be the method which has evolved in some federal judiciaries)
Well then let's look at a couple of others: NASA, the national air traffic control system, USDA food inspectors, the Department of Veteran's Affairs, and the FBI. Constitutional or unconstitutional?
Nevermind HUD, the Dept of Education, the Department of Health and Human Services, and the zillions of "non-profits" receiving taxpayer dollars.
We all know about those and their shaky constitutional justification. But those are the easy ones. How about a challenge? What about the ones I mentioned?
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